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GITIN 14

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GITIN 14 (15 Teves) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

SUMMARY

The Rabanan instituted the Kinyan of Ma'amad Sheloshtan as a Halachah without a reason. (1)
 
If someone writes that he is giving all of his property to his wife she is not Koneh and he is only making her a caretaker of the money. (2)
 
An oldest son is Koneh the house that is used for his wedding. (3)
 
If the Mafkid tells the Nifkad to give the Pikadon to a third party even if the Pikadon has little value it is not a Kinyan unless the recipient is present.
 
If a person makes a Kinyan in error he may retract.
 
Rav says that if someone gives money to a Shali'ach and says Holech (bring) the money to Ploni to whom I owe the money, the sender is responsible if it gets lost but he may not retract.
 
Shmuel says that since the sender is responsible if the money gets lost he may retract.
 
It is forbidden for a Shomer to give a Pikadon to another person unless the Shomer is a proven liar who has denied that the Pikadon belongs to the owner.
 
If a Shali'ach is instructed to Holech (bring) money to Ploni; if Ploni dies before the Shali'ach gets there it is a Machlokes Tana'im whether the money should be returned to the sender or given to the inheritors of the recipient.
 
If the sender died before the recipient died according to some Tana'im it is a Mitzvah to carry out the words of the Mes and the money should be given to the inheritors of the recipient.
 
R. Eliezer says that both a healthy person and a Shechiv Mera who are making a will to distribute their property to their children must make a Kinyan.
 
The Chachamim hold that a Shechiv Mera does not need to make a Kinyan.

A BIT MORE

1. The Kinyan of Ma'amad Sheloshtan works even with a loan even though the money of the loan is no longer in existence and it should be impossible to be Makneh the loan to a third party and therefore it is a Halachah without a reason.
 
2. This is also a Halachah without a reason.
 
3. If it is an extra house that is not being lived in. This is also a Halachah without a reason.
 
4. Even according to the opinion that if the recipient dies the money should be given back to the sender however in this case that the sender died first the money shall be given to the inheritors of the recipient.

BRIEF INSIGHT

RETRACTION
 
If someone sells something by measure, weight or number and he makes even a slight mistake he may retract because the Dinim of Ona'ah only apply to money, not to measures. What is the case? If he is selling 100 nuts for a Dinar and he [mistakenly] gave 101 or 99, the sale is valid but the surplus has to be returned even if the mistake is only uncovered years later. So too, if the money that was received turns out to be more or less than they made up it must be returned even if they made a Kinyan between them that they no longer owe money to each other it still must be returned because it is a Kinyan Ta'us. (Rambam Hilchos Mechirah 15:1,2)

QUICK HALACHAH

A SHALI'ACH FOR MA'AMAD SHELOSHTAN
 
The Rabanan instituted the Kinyan of Ma'amad Sheloshtan as a Halachah without a reason. The Ramban says that if the Mafkid sends a Shali'ach to be Makneh the Pikadon in front of the Nifkad and the recipient, it is not a Kinyan. Since Ma'amad Sheloshtan is a Halachah without a reason, the principle that a Shali'ach Shel Adam k'Moso does not apply. The Rosh says however that if the recipient appoints a Shali'ach for the Ma'amad Sheloshtan it does work. Only if the giver appoints a Shali'ach it does not work because he is the one who is Makneh the item and he must do it himself without a Shali'ach, but the recipient who is only on the receiving end may appoint a Shali'ach.

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