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Shabbat Parashat Shelach| 5763

Pninat Mishpat



Matzranut- Permission from Neighbor- part II
 
 We have seen that a neighbor (matzran) who can exercise his right to buy an adjacent property before an outsider can, in certain ways, relinquish his right prior to the sale. If the sale was carried out without his agreement, the buyer need not worry indefinitely that the property will be taken away.
 Firstly, there is a time limit for the matzran to demand the field. The Shulchan Aruch (Choshen Mishpat 175:32) says that the matzran must make a claim within the amount of time it takes to get money for the purchase together and go to beit din. The actual amount of time this translates into is not set and depends on a variety of factors. The clock starts ticking from the time that the matzran becomes aware of the purchase. If extenuating circumstances prevent him from taking action or even if his lack of action stems from a misunderstanding of his options, the time may be extended (Shulchan Aruch, Rama, ibid.).
 A simple acquiescence to the sale, post facto, is sufficient and does not require a kinyan (ibid., 30). It can even be implicit, for example, if the matzran assists the buyer in the sale or in dealing with the property (ibid.). However, all matzranim (if the property is surrounded by multiple land-owners) must give or imply their agreement (ibid., 35).   
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Dedication

This edition of Hemdat Yamim is
dedicated to the memory of R’ Meir  ben
Yechezkel Shraga Brachfeld o.b.m.

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