לרפואת פייגא בת יטא רבקה

🎓 Quiz

הלכות מכירה פרק י״א · 5 Questions
Question 1
A person says: 'If you travel with me to Jerusalem tomorrow, I will give you this house.' The recipient travels with him. Does he acquire the house?
This is a classic asmachta: the transfer was conditioned on a future event without a prior kinyan. Since no firm commitment was made at the outset, no ownership is transferred even when the condition is met.
Question 2
A seller explicitly states at the time of sale: 'I am selling this field because I need funds to travel to Spain.' His trip is cancelled. Can he reclaim the field?
When a seller explicitly states his reason for selling, it is treated as a conditional sale. If that condition is not fulfilled, the seller may reclaim the land by returning the purchase price.
Question 3
What is the legal effect of adding 'from now' (meachshav) to a conditional sale?
Adding 'from now' (meachshav) retroactively anchors the transfer to the present moment, proving the person made a firm decision. This eliminates the asmachta concern.
Question 4
Under what conditions does a prominent beit din (rabbinical court) validate an otherwise-void asmachta?
An asmachta becomes binding when confirmed with kinyan before a prominent court, the legal documents are deposited with the court, and the person acts voluntarily without duress.
Question 5
A person voluntarily tells witnesses: 'I owe Shimon 100 zuz,' when in fact he owes nothing. Is he liable?
A voluntary, unconditional self-obligation is not an asmachta — it is a form of gift. The person's mind was settled on creating an obligation. Even if both parties know no real debt exists, the obligation stands.

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