Tosafos discusses the difference between kinyan kesef and other kinyanim. By other kinyanim such as chazaka and chalifin if one would do a ma'aseh kinyan today for the chalos to be later on, it would not work. But by kinyan kesef it would work since the makneh would have to return the money if it does not work, it is like he received the money at the time of the chalos hakinyan. Therefore, when making a ma'aseh kinyan with chazaka or chalifin, one would have to say mei'achshav, to make the chalos happen now. That is why by davar shelo ba'ah l'olam, the gemara insists on saying mei'achshav, since the ma'aseh kinyan is not kesef, that is the only way it can work now.
The question is, bishlama by something which is b'olam, it maked sense to say that after 30 days the kinyan should be chal retroactively from today, so that the ma'aseh kinyan ends up to be together with the chalos hakinyan. But, how does mei'achshav work by a davar shelo ba'ah l'olam, since at the time he is making the ma'aseh kinyan he doesn't own the object? For example, if one was makneh a field that he did not yet purchase, even if he says meiachsav so that the kinyan would be chal today, he does not own the field today (and even when he buys it, he will only own if from that day and on), so how does mei'achshav work?
The question is, bishlama by something which is b'olam, it maked sense to say that after 30 days the kinyan should be chal retroactively from today, so that the ma'aseh kinyan ends up to be together with the chalos hakinyan. But, how does mei'achshav work by a davar shelo ba'ah l'olam, since at the time he is making the ma'aseh kinyan he doesn't own the object? For example, if one was makneh a field that he did not yet purchase, even if he says meiachsav so that the kinyan would be chal today, he does not own the field today (and even when he buys it, he will only own if from that day and on), so how does mei'achshav work?
1 comment:
i think the answer is that one can structure a kinyan in a few ways.
a) the kinyan starts now and extends for 30 days b)the kinyan will happen in 30 days and c) the kinyan is finished now.
saying me'achshav makes it into the 3rd category, so even if its not in the world but as far as the act of kinyan and the solidification of the minds that's finished now.
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