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Shabbat Parashat Beha'alotcha| 5763

Pninat Mishpat



Matzranut – Permission From Neighbor (1)
 
 We have seen that a neighbor (matzran) of a recently sold field can remove its buyer if he is willing to pay its price. How can a buyer avoid this very unpleasant circumstance?
 The classical poskim bring some possibilities, of which we will mention a couple:
1.The seller asks the matzran if he is interested in buying the property and he says :”Sell it to whomever you want. I don’t want it” (Shulchan Aruch, Choshen Mishpat 175:30). The S’ma (ad loc.) stipulates that the seller must tell the matzran the price at which he intends to sell it, and he must actually sell it for that price. Otherwise, it is possible that the matzran was afraid it would be overpriced, because the seller would want to make “an extra buck” on him.
2.The buyer approached the matzran and made a kinyan sudar to ensure a full-fledged commitment not to exercise his right of matzranut (Shulchan Aruch, ibid.29). Some say that if he makes a declaration that he relinquishes rights in the presence of witnesses whom he designates as such, a kinyan is not necessary (ibid.).
 After the sale is completed, it is somewhat easier to prevent further claims. We will discuss that element of the topic next week.
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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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