YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The mishna (Bava Batra 156b) says that it is possible for others to acquire something on behalf (zachin) of a katan (minor). The Rashbam explains that since the katan is not capable of doing a kinyan himself, they made a takana that others can do so on his behalf. The implication is that if the katan was old enough to make his own kinyan, others would not be able to make a kinyan on his behalf.
The Rambam (Mechira 29:11) says that when a katan pays money for a field and makes a kinyan on it, he acquires it. The Maggid Mishneh says that the source is the fact that the leaders at the time of the division of Eretz Yisrael acquired land on behalf of the children (Kiddushin 42a). This is a puzzling connection because the Rambam is talking about a child who does the transaction himself, when he has some understanding, and the precedent is talking about an adult doing the transaction on the katan’s behalf even when he is an infant. Apparently the idea is that the reason the transaction worked for the katan is that there was involvement of the adult seller, which is equivalent to an adult doing zachin for the child, and that which the Rambam/ Maggid Mishneh were learning was that this works even to acquire land. The Rambam holds, as opposed to the Rashbam above, that zachin works even on the level of Torah law.
While he raises complications regarding the different opinions of the Tannaim as to whether there is zachin for both an adult and a child, the Hagahot Oshri says that is common practice to be "koneh" on behalf of a katan, and that is a reference to a kinyan sudar (transfer using a utensil such as a handkerchief).
In our case, the document states that the witnesses did a kinyan sudar on behalf of Dina. The term "v’kanina" indicates that they did it in the form of zachin. The Ba’al Ha’itur posits that this works even if the kli used did not belong to the person who was receiving the object, as is clear from Tosafot (Kiddushin 26b) in regards to doing a kinyan on behalf of one who is not present. The gemara (51a) says that the one requirement is that the recipient must be "in the world" (i.e., already born), indicating that even an infant who was just born would acquire by others’ actions. Tosafot (Gittin 65a) says that an older child can make certain kinyanim, but not sudar, again implying that when others do the kinyan for him, it works even through sudar.
Therefore, Sarah cannot disqualify the present that Reuven gave his daughter Dina in his lifetime based on Dina’s age at the time of the transaction.
P'ninat Mishpat (832)
Various Rabbis
311 - Demand to Remove a Chazan from His Post
312 - Present to Minor Daughter
313 - Buying Usurped Merchandise
Load More
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
