Parshas Re'eh 5786
- Torah Tavlin
- Aug 7
- 2 min read
Monetary, Interpersonal Laws and Din Torah (74)
Monetary Laws Continued. With Sukkos coming soon, it is worthwhile to focus on scenarios that arise regarding Arba Minim and the Sukkah that are connected to Choshen Mishpat.
Acquiring the Arba Minim. There are a number of common mitzvah cases where one must acquire the mitzvah item to be able to fulfill the mitzvah. For example, Arba Minim for the first day of Sukkos. On the second day of Sukkos there is a difference of opinion whether one must own them, like on the first day, or can borrow a set like on Chol Hamoed. The Biur Halacha (1) rules strictly but acknowledges that there are many who are lenient. Also Matzah for the first two nights of Pesach and Tzitzis, both the garment and the strings. In all of these cases, one should do a proper act of kinyan [acquisition] which will be not just a Rabbinic kinyan, but rather a Torah kinyan. Lifting the item [hagbahah] and moving the item [meshicha] are only Rabbinic transactions and the Beis Yosef brings two opinions (2) if a Rabbinic kinyan works for the kiyum of a Torah mitzvah.
Even if he brings it home into his domain and has a kinyan chatzer [it is in his domain] which is a Torah acquisition, if he doesn’t pay in full after the seller urges him to, he does not become the owner (3). This is because the seller never meant to transfer ownership if he will have trouble getting the buyer to pay. Thus, the right way is to pay in full and bring the minim home into a guarded place, and that way he will have a proper Torah kinyan. Even if the house is not owned by him but just rented to him, he will have a kinyan chatzer according to many Poskim.
Paying By Check. Does using a check count like a bona-fide kinyan kesef or not? The psak of Rav Elyashiv zt”l (4) is to be lenient. If the check is post-dated to after the beginning of Sukkos it is not as clear that it helps. However, others (5) quote from Rav Elyashiv that if the seller knows it is post-dated and agrees to accept it, the kinyan is valid. The reasons for validating a kinyan done by check will also work for a payment with a credit card.
Note: When buying tzitzis strings to put onto a בגד, he should pay and bring it into his home before attaching them to the garment (6).
(1) ביאור הלכה תרמט:ה (2) אה"ע כח:יג (3) שו"ע חו"מ קצ:יז (4) קובץ תשובות א:קצט,ר (5) אשרי האש לב:כג (6) ביאור הלכה יא:ו