DAF DISCUSSIONS - BAVA KAMA 70

Aryeh Steinmetz asked:

The Nehardeans say that we do not write power of attorney for collection of movable property for they hold like R' Yochanan. Artscroll suggests land is different and power of attorney may be written as implied by the Nehardeans because land never leaves the legal posssesion of its true owner and therefore R' Yochanan's statement does not apply. The alternative version of the Nehardean's statement is that power of attorney cannot be written only if the defendant denies the claim, for the witnesses' signatures then have the appearance of falsehood. According to the alternate version, why does this not apply to land?

Aryeh Steinmetz, Monsey, NY

The Kollel replies:

It seems clear that the second version, which is more lenient, would certainly agree that one could write a power of attorney for land. (If you require proof see Kesef Misheh on Hilchos Sheluchin v'Shutafin 3:6).

All the best,

Yaakov Montrose