Seller says 200 zuz, buyer says 100 zuz. No deal is struck. They meet again; without speaking, the buyer performs meshichah (pulls the item to himself). What price must the buyer pay?
When the buyer initiates by taking the item without making any new offer, he is bound by the seller's last stated price of 200 zuz. If the seller had given the item to the buyer, the buyer would pay only 100 zuz — his last stated price.
Question 2
A person buys from one of five people but doesn't know which one. All five claim to be the seller. What should the buyer do?
When the buyer genuinely does not know which of several claimants is the true seller, he places the money among them and steps aside. The funds remain in custody until the true seller is identified. A pious person pays each one to fulfil a moral obligation.
Question 3
A buyer's purchase is in the public domain. The storekeeper claims the dinar just paid is for prior goods, not these. The buyer claims he just paid for these goods. What oath is required?
When goods are in the public domain and the storekeeper has not admitted selling these specific goods, he takes the stronger kinyan chefetz oath and the goods revert to him. Had the goods been in his store, only the lighter hesset oath would be needed.
Question 4
A cow is sold. She gives birth and both parties dispute whether she calved before or after the sale. The seller says 'before'; the buyer says 'after.' On whom is the burden of proof?
The burden of proof lies on the buyer — he is the one seeking to take the calf from the seller's presumed possession. The cow (and her offspring) is presumed to be in the seller's domain until the buyer brings proof that she calved after the sale.
Question 5
A needle is found piercing an animal's stomach wall with a through-hole. A scab has formed over the wound. What does this indicate legally?
A healed scab (higliyd) indicates the wound was at least three days old at slaughter. If the animal was purchased and slaughtered recently, this proves it was trefah before the sale — making the seller responsible for a full refund.