Kinyan - transfer of property

(1) An article is not acquired merely through a verbal agreement. This applies even when witnesses testify that the principals have reached an agreement.
What is implied? A person says: "I am selling you this house," "I am selling you this wine," or "I am selling you this servant," and a price is fixed. The purchaser agrees and says: "I have purchased it," the seller says: "I have sold it," and they tell witnesses: "Serve as witnesses that so and so has sold and so and so has purchased", their words are of no consequence. It is as if they had never spoken to each other at all. The same applies with regard to a person who gives a gift and its recipient.

(2) If, however, the purchase is completed through one of the media by which property is transferred, the purchaser acquires the object. There is no need for witnesses; neither the seller or the purchaser may retract.

(3) How is an acquisition made? Landed property can be acquired in one of three ways: a) through the transfer of money, b) through the transfer of a deed of sale, or c) through chazakah (manifesting one's ownership).

(4) How is property acquired through the transfer of money? If one person sold another person a house or a field, and the purchaser gave him the money agreed upon, he acquires it. When does the above apply? In a place where it is not customary to write a deed of sale. In a place where it is customary to write a deed of sale, however, the purchaser does not acquire the property until a deed is composed.
Landed property cannot be acquired for less than a p'rutah's worth.

(5) If the purchaser makes the following stipulation: "If I desire, I will acquire it through the transfer of money, or if I desire I will acquire it through the transfer of a deed of sale," and gives money on the basis of this stipulation, it is established as a binding condition. Once the money has been paid, the seller cannot retract, because of the stipulation. The purchaser can, however, retract until the deed of sale is written.
Similar laws apply if the seller makes such a condition.

(6) When a person tells a colleague: "Give so and so a maneh and you will acquire my house," once the colleague makes the payment, he acquires the house. This is an extension of the laws applying to a guarantor.

(7) How is property acquired through the transfer of a deed of sale? The seller writes for the purchaser on a piece of paper, on a shard or on a leaf. "My field is given to you," or "My field is sold to you." Once the deed reaches the purchaser's hand, he acquires the field, even though there are no witnesses at all, and despite the fact that the document itself is of no financial value. When does the above apply? When a person sells his field because it is undesirable. With regard to other landed property, by contrast, even though the deed of sale reaches the purchaser's hand and is signed by witnesses, the purchaser does not acquire the property until he pays its price.

(8) How is property acquired through the manifestation of ownership? If a person sold a colleague a house or a field or gave him such properties as a gift, the purchaser or the recipient acquires the property when he locks the entrance to the property, encloses the property with even the slightest portion of a fence or breaks through even the slightest portion of one of the walls surrounding the property, provided his deeds bring him benefit.
When does the above apply? When the person manifests his ownership in the presence of the seller or the one who gives the gift. If, however, he does so outside the presence of the seller or the one who gives the gift, the seller or the giver must tell him: "Go, manifest possession over it and acquire it." If this statement is made, and afterwards the purchaser or the recipient manifests possession, he acquires the property even if he acts outside the presence of the previous owner.

(9) When a person sells a house to a colleague and gives him the key, it is as if he told him: "Go, manifest possession over it and acquire it." Similarly, if a person sells a colleague a cistern, once he gives him its bucket it is as if he told him: "Go, manifest possession over it and acquire it." When he manifests his possession, he acquires it.

(10) What is meant by saying that one who locks a property acquires it? For example, when a person sells a house or a courtyard whose entrance was open, and the purchaser locked the entrance and then opened it; the purchaser is considered to have acquired it, for he used it in a way that brings benefit.

(11) What is meant by saying that one who encloses the property with even the slightest portion of a fence acquires it? For example, there was a fence that people could climb over easily, and the purchaser added a small portion to its height, making it ten handbreadths high thus causing it to be difficult to climb over. His deeds are of benefit and he acquires the property.
Similarly, if there was an opening in the fence that allowed people to enter only with difficulty, and the purchaser widened it even slightly, allowing people to enter easily, his deeds are of benefit and he acquires the property.

(12) If the purchaser placed down a rock in a way that causes benefit - e.g., he completed an irrigation channel that brought water to the field - or he removed a rock in a way that causes benefit - e.g., he opened a dammed irrigation ditch and let water flow into the field - he acquires it. The same applies in all analogous situations.

(13) The following rules apply when a person sells a colleague a field that is located next to one of that colleague's fields, or gives him such a field as a gift. Once the colleague breaks down the partition that separates the two fields from each other and makes them one large field, he acquires it.
If, however, he merely walks the length and breadth of the new property, this walking serves no benefit and it therefore does not serve as a manifestation of his ownership. When he sells him a path for vineyards, however, the purchaser does acquire it by walking, for that is its purpose.

(14) How wide is the path that a person acquires by walking? If it is defined by barriers, he acquires an area at least large enough to enable him to lift one foot up and place the other next to it. If it is not defined by barriers, he acquires a width sufficient to allow him to walk carrying a package of twigs on his head and turn around with it.

(15) If the property being sold is a rocky patch that cannot be enclosed with a fence and an entrance, nor can it be sowed, the way in which a person manifests his ownership and acquires it is to spread produce upon it, to have an animal stand there, or to use it in another way.

(16) When a person sells a field to a colleague, and the colleague enters and sows it, plows it and leaves it fallow, collects its produce, prunes it or the like, he acquires it, for he has manifested his ownership. Neither of them may retract.
Similarly, if the seller collects a basket of produce and gives it to the purchaser, the purchaser acquires the field. This is considered manifestation of ownership, for the seller revealed his intent of transferring ownership of the field to the purchaser in an outright way, so that its produce would be his.

(17) A gentile cannot acquire property by manifesting his ownership over it. He can acquire a property only through the transfer of a legal document after money has been paid. A Jew who comes on account of a gentile is considered like a gentile and can acquire property only through the transfer of a legal document.
Any entity that is attached to landed property is considered like landed property and can be acquired through the transfer of money, the transfer of a deed of sale or through chazakah.
If, however, the produce no longer needs the nurture of the land - e.g., grapes that are ready to be picked - it is considered movable property with regard to the laws of acquisition. And like movable property, the laws of deception apply with regard to their sale.

(1) According to Scriptural Law, both livestock and other movable property are acquired by the payment of money. Once the purchaser pays money, neither he nor the seller can retract. Our Sages, however, ordained that movable property should be acquired only through lifting up the article (hagbahah) or pulling (meshichah) an article that is not commonly lifted up.

(8) When a person transfers ownership of landed property and movable property simultaneously, once the purchaser or the recipient acquires the landed property through the transfer of money, the transfer of a deed of sale or through a chazakah, he acquires the movable property together with it.
This applies whether he sold both types of property, gave them both as gifts, sold the movable property and gave the landed property as a gift or sold the landed property and gave the movable property as a gift. When the purchaser or the recipient acquires the landed property, he acquires the movable property.

(5) Landed property, servants, livestock and all other movable property can be acquired through the kinyan referred to as chalifin. This way of finalizing a transaction is so commonly used that it is also referred to as kinyan.
The fundamental manner in which such a transaction is effected is as follows: The purchaser gives the seller any type of article and tells him: "Acquire this article in exchange for the courtyard,..." "...wine,..." "...animal,..."or "...servant that you sold me in exchange for this and this amount of money."
Once this statement is made, when the seller lifts up the article and acquires it, the purchaser acquires that landed property or that movable property even though he did not perform meshichah or pay the money. Neither of the parties involved can retract.