More Discussions for this daf
1. Kinyan Sudar 2. proof of ownership necessary to consecrate 3. DIVIDING A DISPUTED DOCUMENT
DAF DISCUSSIONS - BAVA METZIA 7

Mark Staum asked:

The Gemara on 7a discusses the applicability of Kinyan Sudar for Kinyan Chalipin. The Gemara suggests that once the buyer holds it 3 by 3 tefachim it is as if he is holding it entirely by himself. As far as i understood, kinyan chalipin would warrant a complete exchange of two items. For example, while selling my chametz, the Rabbi acquires the chametz from me and i would receive whatever he would transfer to me. If a sudar is used, the gemara tells us that if i hold it 3 by 3, it is as if you are holding the entire thing which completes the kinyan. My first question is that just as the chametz now belongs to the Rabbi, why doesnt the sudar now belong to the seller? (i always give back my handkerchief to the rabbi) Why do i not become an owner of the sudar like the rabbi is to my chamez? Secondly, does this chiddush apply to other objects, like if the Rabbi uses his hat for the kinyan? Would the chiddush of 3 by 3 still work by hats or other objects?

The Kollel replies:

(a) A "Kinyan Sudar" is nothing more than an indication of Gemirus Da'as, finalized intention. It thus suffices to be Makneh the Sudar on condition that it is returned, and thus we assume that this was indeed the person's intention -- to be Makneh the Sudar on condition that it be returned (as the Gemara says in Nedarim 48b). Only when the buyer and seller are bartering two objects of equal, or near-equal, value (such as a donkey for a cow) do we say that they were Makneh the objects to each other absolutely, and not on condition that it be returned.

(b) As for a hat, it will work if 3X3 Etzba'os of the hat is useful for something.

M. Kornfeld

Eli Kowalsky comments:

I thought that the Kinyan Sudar used for Mechiras Chametz is only to be yotze a Chumra of the Geonim to make a kinyan for the appointment of the Rav as my agent to sell my Chametz. We don't actually sell our Chametz to the Rav. We just appoint him as our agent to sell it on our behalf to the Goy (with other kinyanim, such as Kessef, Agav (as we rent the Goy the location of the Chametz), etc. Thus, it is only a sign of gemirus daas for the shlichus, which, mayikar hadin does not require anyhting more than a verbal agreement, and has nothing to do with any kinyan regarding the chametz itself.  It is not even kinyan Chalipin shaveh b'shaveh.

The Kollel replies:

You are correct. Normal Shelichus suffices, and the Kinyan is merely to be Mechazek the Inyan. Nevertheless, this Chizuk is a complete Kinyan, called a "Harsha'ah," with which the rabbi is Koneh the rights of the sale, and the Chalipin is a complete Chalipin.

M. Kornfeld