Responsa for Bava Batra 88:4
וליחוש דלמא אקני ליה מטלטלי אגב מקרקעי דאמר רבה אי אקני ליה מטלטלי אגב מקרקעי קני מקרקעי קני מטלטלי ואמר רב חסדא והוא דכתב ליה דלא כאסמכתא ודלא כטופסא דשטרי
the reason being that the former [the hypothecating of a slave] becomes generally known, but the latter [that of an ox or an ass] does not become generally known.<span class="x" onmousemove="('comment',' And therefore it is not fair that the purchaser should be penalised. ');"><sup>4</sup></span>
Teshuvot Maharam
Q. A gave a writ of bestowal of movable property to B, in which the clause "the movable property is thus transferred to B together with, and by dint of, real property", was missing. Is the gift binding?
A. I have examined the writ of bestowal and could find nothing wrong with it, for title to movable property can also be transferred by halifin (symbol of exchange).
SOURCES: Cr. 256; Pr. 344.
A. I have examined the writ of bestowal and could find nothing wrong with it, for title to movable property can also be transferred by halifin (symbol of exchange).
SOURCES: Cr. 256; Pr. 344.
Ask RabbiBookmarkShareCopy
Teshuvot Maharam
Q. A gave a writ of bestowal of movable property to B, in which the clause "the movable property is thus transferred to B together with, and by dint of, real property", was missing. Is the gift binding?
A. I have examined the writ of bestowal and could find nothing wrong with it, for title to movable property can also be transferred by halifin (symbol of exchange).
SOURCES: Cr. 256; Pr. 344.
A. I have examined the writ of bestowal and could find nothing wrong with it, for title to movable property can also be transferred by halifin (symbol of exchange).
SOURCES: Cr. 256; Pr. 344.
Ask RabbiBookmarkShareCopy