Translation:Shulchan Aruch/Choshen Mishpat/203

Paragraph 1- All movable items can acquire each other via swap. It goes without saying that if the transferor is not concerned to know the value of the item he is receiving via swap such as when one acquires with a handkerchief-swap that it would be a complete kinyan which is effective, regardless of whether its real property, movable items other than documents- see above Siman 66- or living creatures. Even fruit, which cannot be used to acquire, can be acquired via swap. The exception is a coin which cannot acquire or be acquired via swap. Similarly, a kinyan would not be effective on any intangible item, such as where the parties made a kinyan that someone will go with so and so to such and such place or that the parties would divide a courtyard between them – see above 157:2- or similar cases of kinyan on words that has nothing to take effect on. Kickback benefits are not considered money and cannot be acquired via swap. See later Siman 245 with respect to whether if one says I will give such and such item it is considered a kinyan on words. If parties made a kinyan on someone to create a waiver document, it is considered a kinyan on words because a waiver document is a mere removal of rights. If they made a kinyan from him to return to the other all merits he has against him, however, that would not be a kinyan on words. Rather, even if the transferor is concerned to know the value of the item he is receiving, in which case the item is now similar to money, the item being transferred would still be acquired. How so? If one party had a cow and the other had a donkey and they appraised how much each one was worth and they agreed to swap one for the other, once the owner of the cow pulls the donkey, the other party would acquire the cow wherever it may be, and neither party can retract. There are those who say that if they appraised the items against each other, even fruits have the power to acquire. There are those who disagree.

Paragraph 2- If one swapped a donkey for a cow and a sheep, and he only pulled the cow but not the sheep, he would not acquire because there is no full pulling. There are those who say that this is only in a case like the aforementioned one because the donkey is not fit to be divided. If he said he was swapping a cow and sheep for a kur of wheat, and he pulled the cow but not the sheep, however, the other party would acquire the amount of wheat corresponding to the value of the cow. There are those who say that if Reuven swapped with Shimon and Levi, and the kinyan was voided with one of them, the kinyan with the other would also be voided.

Paragraph 3- Strips of gold, silver and other metals are like other movable items and can be acquired via kinyan and can acquire other items via swap. Gold, silver or copper coins, however, all are considered money relative to other movable items. One who gives such coins for movable items would not acquire them. None of these coins can be acquired via kinyan nor can they effect a kinyan. Thus, if one designates money and transfers it to another via a swap with movable items, because the other party has not acquired the money, this party will not acquire the movable items, even if he pulled them. This is only true where the kinyan was done via swap and the money was designated. If the money was used as money, however, once he pulls the item he would immediately owe the money.

Paragraph 4- When is this true? Where the seller sells other movable items using one of these metals. If the seller sells a coin for a coin, however, gold dinar relative to silver coins have the status of fruit. If the transferor transferred possession of the silver as money, where he did not specifically designate this money, once the transferee pulls the gold, he would be obligated to pay the silver they agreed on. Similarly, copper money has the status of fruit relative to silver coins. How so? If he gave the other party a gold dinar for 25 silver dinar, once the transferee pulls the gold dinar he is required to give him the 25 silver dinar they agreed to. If they agreed on new coins, he must give new coins, and if they agreed on old coins, he must give old coins. If he gave him 25 silver dinar for a gold dinar, there would be no acquisition until he takes the gold dinar.

Paragraph 5- If the transferor gave the transferee 30 copper isar for one silver dinar, the transferee would be required to give him the silver dinar they agreed on. If it was a new coin, he must give a new coin, and if it was old, he must give an old one. If the transferor gave the transferee a silver dinar for 30 copper isar, however, there would be no acquisition until the transferor takes the copper issar. Our money, which has silver and copper mixed together, has the status of a coin relative to silver.

Paragraph 6- There are those who say that cooper has the status of a coin relative to gold and there are others who say it has the status of fruit relative to gold.

Paragraph 7- All coins have the status of coins relative to other movable items, as they each do relative to itself. For example, if one sold a gold dinar for a gold dinar, a silver dinar for a silver dinar or a copper dinar for a copper dinar, they would have the status of coins.

Paragraph 8- Inferior money that the government or jurisdiction voided or money that is not used in the particular jurisdiction and one cannot transact with them without trading them to another currency, has the status of fruits for all matters and can be acquired via kinyan and one would be acquired to pay the money agreed on if such coins were pulled. If money was taken for them, they would not be acquired. There are those who say that inferior money that was not completely disqualified but are just not openly used, are also considered movable items, and this seems to be the primary view.

Paragraph 9- There is no way for a transferee who is not in his domain to be gifted coin other than via real property. For example, if the transferee acquired real property and money along with it or he rented the place of the money, once the transferee acquires the real property via money, document, taking possession or a kinyan, he would acquire the money so long as that money was in existence, such as where they were deposited with a third party who does not deny the deposit. If Reuven had an outstanding debt against Shimon and he transferred Levi the real property along with the debt, however, Levi would not acquire the debt. He can, however, transfer a Jew’s debt in the presence of all three parties as was discussed in Siman 126. Similarly, the transferor can also transfer the loan by selling or gifting the loan document, as was discussed in Siman 66. See above in Siman 123 for the laws of power-of-attorney.

Paragraph 10- If one swaps real property for real property, movable items for real property or real property for movable items, once one party acquires, the other is required to give the item it was swapped for. If one swapped money and movable items or money and real property together, there are those who say that because a swap cannot acquire the money the entire kinyan is void. There are others who say the entire kinyan is valid. There are others who say the kinyan is valid for the real property and the movable items but void for the money. The same applies if they acquired something where kinyan is effective along with something of no substance, which is a kinyan on words. If two parties made a kinyan to swap everything they owned, there are those who say such a kinyan would not be effective. There are those who say it would be effective, but each party would remain in his properties, and the other party would give the difference in the properties because their primary intent was for the profit and not an actual swap. See later 209:2.