12th CYCLE DEDICATION
GITIN 52 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

Gitin Chart #5

Chart for Gitin Daf 52a-b

WHEN MAY YESOMIM, AND ONE WHO SELLS TO OR
BUYS FROM YESOMIM, REVOKE THE SALE?

(A)
THE ITEM INCREASED
IN VALUE (THUS THE
*SELLER* WANTS TO
CANCEL THE SALE)
(B)
THE ITEM DECREASED
IN VALUE (THUS THE
*BUYER* WANTS TO
CANCEL THE SALE)
KINYAN MESHICHAH
1 SELLER: YESOMIM
BUYER : OTHERS
They may cancel
the sale (1)
They may not cancel
the sale (2)
2 SELLER: OTHERS
BUYER : YESOMIM
They may not cancel
the sale (2)
They may not cancel
the sale (3)
KINYAN KESEF
3 SELLER: OTHERS
BUYER : YESOMIM
They may cancel
the sale (4)
They may cancel
the sale (4)
4 SELLER: YESOMIM
BUYER : OTHERS
They may cancel
the sale (4)
They may cancel
the sale (5)
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FOOTNOTES:

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(1) Even though Meshichah is a valid Kinyan for Metaltelin (chattel; mobile property), the Chachamim enacted -- for the benefit of the Yesomim -- that they may cancel the sale even after they did Meshichah with the item. (The Chachamim made a similar enactment for an item that is sold by Hekdesh.) There is no fear that this enactment will cause people to refrain from buying from Yesomim with Meshichah (knowing that the Yesomim can rescind the sale at any moment), because even if they do refrain from buying from Yesomim with Meshichah, and wait until they can actually give over money to the Yesomim before making a purchase (so that the Yesomim will not be able to rescind the sale), the Yesomim will lose no money at all.

(2) This is because Meshichah is a valid Kinyan. (Even according to the opinion that holds that the giving of money, Kinyan Kesef, is a valid Kinyan mid'Oraisa, the Chachamim enacted that a Kinyan not be valid until Meshichah is done, lest the seller refrain from protecting the merchandise from damage while it is still in his domain, since it is no longer his)

(3) In this case, the Chachamim did not enact that the Yesomim can cancel the sale until money is transferred, because if they were to make such an enactment, nobody would agree to sell to the Yesomim until the Yesomim gave them money, and the Yesomim would suffer as a result.

(4) The Chachamim enacted that Meshichah is necessary, mid'Rabanan, for a Kinyan to take effect, even though the giving of money effects a Kinyan mid'Oraisa, as described above (2). Until Meshichah is performed, the seller may recall the sale. The Chachamim enacted this (that the seller may retract the sale at any point before Meshichah is performed, even after he has received payment) even when Yesomim purchase an object with Kinyan Kesef and afterwards it appreciates in value, for the same reason (see Rashi).

(5) In this case, the Chachamim did not enact that one who buys from Yesomim with Kinyan Kesef cannot cancel the sale, and that he is Koneh (for his detriment; e.g. if the item depreciates in value) with Kinyan Kesef alone (see footnote #1 above). The reason they made not such enactment is because had they made such an enactment, the Yesomim would lose from it: No buyer would pay them money until he could take the object being sold with Meshichah, in order to ensure that if the price drops before he performs Meshichah he will still be able to cancel the sale.

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