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|KIDUSHIN 26 (5 Cheshvan) - Dedicated in honor of the fourth Yahrzeit of Reb Naftali ben Reb Menachem Mendel (Tuli Bodner) Z"L, an Ish Chesed and Ish Ma'aseh radiating joy, whose Ahavas Yisrael knew no bounds. Dedicated by his son, Mordechai Bodner of Givat Mordechai, Yerushalayim.|
A person may make a Kinyan on land with Kesef, Shtar or Chazakah.
A person may make a Kinyan on movable objects with Meshichah.
A person is Koneh movable objects together with land with a Kinyan Agav with Kesef, Shtar or Chazakah.
If a person is obligated to swear on movable objects he may be forced to swear on land as well. (1)
In a place that the Minhag is to write a Shtar a person is not Koneh Karka with Kesef alone unless a Shtar was written. (2)
A Shtar is only a sufficient Kinyan if the land is given as a gift however if it is a purchase a Shtar is only Koneh together with Kesef. (3)
R. Yochanan holds that Min ha'Torah one may be Koneh even movable objects with Kesef and the Rabanan decreed that one is Koneh them with Meshichah.
Even the smallest piece of Karka is Chayav in Pe'ah and Bikurim and it is sufficient for the writing of a Pruzbul and for a Kinyan Agav. (4)
It is a Safek if the objects that one is Koneh with a Kinyan Agav must be on the Karka at the time of the Kinyan.
R. Elazar holds that even a Shechiv Mera may not give away his property without a Kinyan, while the Chachamim hold that no Kinyan is necessary for the gift of a Shechiv Mera.
One may not be Koneh money with a Kinyan Chalipin.
A BIT MORE
1. Even though we don't make someone swear on land however if he is already Chayav a Shevu'ah on movable object he can be forced to swear on land as well.
2. However, if a condition is made that the Kesef alone is Koneh a Shtar is not necessary for the Kinyan.
3. However if the land is being sold because of its poor quality a Shtar alone is a sufficient Kinyan; since the seller is eager to get rid of it he is Makneh the field with the Shtar even before he received the Kesef.
4. A Pruzbul may only be written if they borrower owns Karka and if the borrower owns even a little bit of Karka even though it is not enough to pay off the entire Chov the lender may write a Pruzbul.
KINYAN CHAZAKAH WITHOUT A SHTAR
In a place that the Minhag is to write a Shtar a person is not Koneh Karka with Kesef unless a Shtar was written. The Rosh says however, that Chazakah is Koneh without a Shtar even in a place that the Minhag is to write a Shtar just as Meshichah is Koneh without a Shtar. The reason is, that Chazakah and Meshichah are stronger Kinyanim than Kinyan Kesef since the Kinyan is being done on the object itself.
If someone is Makneh Karka and Metaltelin at the same time, as soon as he is Koneh the Karka with one of the usual Kinyanim he is Koneh the Metaltelin together with it. Whether they were both sales or both gifts, or one of them was a sale and the other was a gift, once he is Koneh the Karka he is also Koneh the Metaltelin. Some say he is Koneh both even if the Karka was a rental and the Metaltelin was a gift. (Shulchan Aruch CM 202:1)
Even if the Karka was borrowed and the Metaltelin was a gift he is Koneh according to Tosfos. (Shach in the name of Rabeinu Yerucham)
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