Rambam - 1 Chapter a Day

This does not necessarily mean a domain owned by the purchaser. It also includes a corner of the public domain (simtah) in which a passerby may put down a container. And it includes a courtyard jointly owned by the seller and the purchaser.

And thus acquired through the kinyan of hagbahah.

In which instance he would acquire it by virtue of its presence in his domain (kinyan chatzer).
The Rambam’s view is quoted by the Shulchan Aruch (Choshen Mishpat 200:3). The Tur and the Ramah differ and maintain that outside the purchaser’s own domain, the seller must measure the article into the purchaser’s container or tell him to acquire the article with his container to establish a kinyan that finalizes the transaction.

This clause applies to a container placed in the seller’s domain, but not one placed in the public domain [Shulchan Aruch (Choshen Mishpat 200:3)]. The purchaser acquires the article because the seller’s statement indicates that he is granting the purchaser permission to place his utensils in that place, and it is as if that place belonged to the purchaser.

And thus, it is as if he gave him permission to place the container there.

For the purchaser must have a right to both the container and the domain.
The Tur and the Ramah (Choshen Mishpat 200:5) emphasize that even if the seller tells the purchaser to acquire the article with the seller’s container, it is not effective. For the container does not belong to the purchaser.

According to the Rambam, the rationale for this halachah can be explained as follows: Mesirah is effective only for the acquisition of large articles like ships, and these are usually kept in the public domain. Meshichah is impossible, because one must pull the article into one’s own domain, and that would involve substantial effort (Rashbam, Bava Batra 76b).

According to the Rashba (as quoted by the Maggid Mishneh), mesirah is effective in a courtyard that does not belong to either the purchaser or the seller, only when the seller has placed the article there without the permission of the owner. If the owner granted permission, it is considered as if he is keeping the article as an entrusted article, and it is as if the place where the article is kept belonged to the owner of the article. The Ramah (Choshen Mishpat 198:9) quotes this as ha1achah.

Both of these places can be considered a private place for the purchaser at the time he wishes to acquire the article. And thus, it is like pulling it into his own property (Rashbam, Bava Batra 76b).

Even in a domain belonging to the seller. Picking up the object of sale indicates that one has acquired it.

The same laws also· apply in a private domain owned by neither the purchaser or seller [Shulchan Aruch (Choshen Mishpat 198:14).

Meshichah is not effective in the public domain, because there is no way that a portion of the public domain could be considered to be one’s own private property.

The Ra’avad protests this ruling, noting that as stated in Chapter 3, Halachah 3, one must move an article from its place entirely to acquire it through meshichah. He states that it can apply with regard to the acquisition of an animal, for in that instance all that is necessary is for the animal to move two feet (Chapter 2, Halachah 6).
The Maggid Mishneh resolves the apparent contradiction between the Rambam’s rulings, explaining that this halachah refers to an instance where the purchaser has already drawn the article entirely away from its original place. Nevertheless, since this took place in the public domain, this meshichah is of no consequence. Once, however, he moves the article slightly into a more private domain, his acquisition is completed. The Shulchan Aruch (loc. cit.) quotes this explanation.

Until a price is established, neither the purchaser nor the seller can be said to have wholeheartedly agreed to the transaction. See Halachah 11.

In which instance, he acquires the article via a kinyan chatzer - i.e., by virtue of its being in his domain.

In which instance, he acquires it through meshichah.

Needless to say, if it were measured into his containers in these places, he would surely acquire it.

And hagbahah is an effective kinyan in all places (Halachah 3).

Although measuring produce into one’s containers is considered to be meshichah, even meshichah is not effective in the public domain, because it is impossible to have the public domain considered to be one’s private property.

The Shulchan Aruch (Choshen Mishpat 200:1) follows the Tur, which emphasizes that the domain must be secure, or the owner must be standing nearby. The Rambam would agree to these conditions.
The Ramah adds that even if the security. of the domain is dependent on the seller, it is acceptable because he is the one transferring ownership of the article.

I.e., there is an agreement on the quantity and the price.

For the purchaser acquires the produce by virtue of a Kinyan Chatzer – i.e., since it is located in his domain, it is as if he picked it up with his hands.

Even if the article being sold was placed in the purchaser’s containers, he does not acquire it unless the seller explicitly tells him to do so.

In which instance, it is as if the article were located in the seller’s domain.

By renting the place where the produce is stored, he acquires the produce as his own, through either a kinyan agav or a kinyan chatzer.

As mentioned, it is necessary for the purchaser to have a right to both the container and the domain for the transaction to be effective.

I.e., established a price per unit of measure.

A Talmudic measure equal to 30 Se’ah.

A coin of the Talmudic period containing 2.4 grams of pure silver.

A Talmudic measure equal to 8294 cubic centimeters in modern measure according to Shiurei torah and 14,333 cubic centimeters according to the Chazon Ish.

And until he completes the measurement, the transaction is not completed. For he stated that he wanted to sell the entire amount as a single unit. Thus until the entire amount is transferred, the sale is not consummated. Completing the measurement, however, establishes a binding agreement, despite the fact that the produce is in the seller’s containers, for we assume that the seller is temporarily lending his containers to the purchaser to complete the transaction.

Because of the rationale mentioned by the Rambam at the conclusion of the halachah.
From the Rambam’s wording, we can infer that he would rule that if the seller measured into the containers of the purchaser, the transaction would be concluded. The Maggid Mishneh, the Tur and the Ramah (Choshen Mishpat 200:7) differ and maintain that even if the seller measured into the containers of the purchaser, the transaction is not concluded, because the seller did not desire that the transaction be concluded until he completed the measurement.

The Rambam’s ruling is quoted by the Shulchan Aruch (Choshen Mishpat 200:7). The Tur and the Ramah differ and maintain that it is not definite that the purchaser’s acquisition of the units of produce is finalized by the measuring, even though the seller mentioned these units in his proposition. The produce is awarded to the purchaser only because it is in his possession. Therefore, if he has not paid for the produce, he still has the right to retract, because the money is in his possession, and he may return the produce instead of paying the seller.

The Kessef Mishneh maintains that this applies only with regard to an object in a domain belonging to the purchaser, but not to an article located in a shared domain or in a corner of the public domain. The Sefer Meirat Einayim 200:21 differs with this ruling, and maintains that both are bound by the same law.

I.e., why the produce is not acquired until it is measured.

This is a correction to the standard texts of the Mishneh Torah, suggested by the Maggid Mishneh and substantiated by the authentic manuscripts of the Mishneh Torah. The standard texts read “nor in the domain of the purchaser.” The inaccuracy of this version is reflected by the obvious contradiction to the following clause.

The Ra’avad objects, because seemingly the purchaser should acquire the liquid by virtue of its presence in his property (kinyan chatzer). The Rambam’s ruling can be justified because the liquid will be held in containers whose existence is not considered nullified with regard to the property.

The commentaries on Bava Batra 87a explain that a broker would negotiate the sale of the wine or the oil and supply the container in which the liquid was measured. Until the measuring. container is filled, it is considered as being on loan to the seller, and thus the liquid is considered as being in the seller’s containers. Therefore, the liquid is not acquired by the purchaser, as stated in the previous halachah.
Once the measuring container is full, the container is considered to be on loan to the purchaser, and the liquid is considered to be in his container. Therefore, he acquires it.

According to the standard text of the Mishneh Torah, the Ra’avad adds that the same rules apply if the measure belongs to the seller. Most commentaries explain, however, that the Ra’avad’s comments refer to the following halachah.

If, however, the purchaser was measuring, he would acquire the produce by lifting it up.

The Ra’avad and the Tur differ and maintain that if the measure belongs to the purchaser, the transaction is not completed until the entire measure is filled. The Shulchan Aruch (Choshen Mishpat 200:10) quotes the ruling of the Rambam, while the Ramah follows that of the other authorities.

Therefore, he considers that aspect of the transaction to be completed.

If, however, he does not put the article down and remains holding it at the time he concludes the agreement, the transaction is concluded in this manner.

Until a price is established, the seller has not made a commitment to transfer ownership of the article. Nor can the buyer be certain that he will in fact desire to pay the price demanded. Thus, any act of contract performed by the purchaser is of no significance.

Since the price of the article is standard, the seller and the purchaser have agreed to the price by agreeing to the transaction.
The Shulchan Aruch (Choshen Mishpat 200:7) mentions another instance when the transaction could be completed although the buyer and seller have not agreed on a price: When the seller and the purchaser agreed to abide by the price determined by a third party.

I.e., because a price must be agreed upon before a transaction can be completed.

In which instance, if the price has been established, he would acquire it.

In which instance, a kinyan could then be effective.

From Halachah 7, it is evident that generally when a seller completes measuring produce into his own containers, the purchaser acquires it. In this instance, however, that ruling does not apply, because the produce has not been unloaded from the animal or the porter yet (Tosafot, Bava Batra 85b).

The purchaser does not acquire the produce by virtue of its having been brought into his home (kinyan chatzer), because the produce is being carried by the animals or the porters and has not been placed down in his domain.

The Maggid Mishneh quotes other views which maintain that even if the produce was not measured, since it was unloaded and is resting within the purchaser’s domain, he acquires it by virtue of its presence there (kinyan chatzer).

And thus lifts up the produce in his own domain. Since a price was not established, this is not sufficient to acquire the article.

As stated in Halachah 12, once a person lifts up an article that has an established price, he is considered to have acquired it.

I.e., the purchaser agrees that if he desires the article, he will purchase it at the price requested by the seller (Sefer Me’irat Einayim 200:29).

Since a purchaser will most likely appreciate it, it is considered to his advantage to acquire it. For if he does not take it, the seller will have no difficulty in finding another purchaser.

For we do not assume that the purchaser will desire to acquire it.

I.e., since the article is not desirable, it is not acquired by the purchaser until he and the seller reach an agreement concerning the price, and he performs a kinyan.

Or acquires it in some other manner.

The other person acts as the shaliach - agent - of the purchaser and is able to execute any business transaction on his behalf. See Hilchot Sh’luchim, Chapter 1.