Day #264–Rambam DAILY Sefer HaMitzvos

today is day number 264 of our daily study of RA and in the three chapters of day study track of M we just started yesterday a new book safer Kenyon the book of Acquisitions and we started hilus M the laws of sales not like sales on a boat sales like buying and selling um so today we're learning chapters four five and six of those laws and corresponding to that is our mitzvah for today one Mitzvah and it is a repeat I mentioned yesterday that today would be a a repeat I also said There Will there will be many repeats when we're going through these laws and the reason is very simply um these laws contain a lot of detail so it takes many chapters in Misha to explain it but there's not that many different Mitzvah that we're actually studying here okay positive commandment 245 is the Mitzvah positive commandment to follow torah's guidelines laws rules regarding how property is transferred from one owner to another now yesterday I spoke about the idea that when you're purchasing a movable object biblically it's enough to just give money for it but rinic one should actually pick it up it's called Mish um pull the object toward you take it in hand um what if we're dealing with real estate which we call kka in uh Torah law Cara literally means the ground the ground itself what what if we're selling a piece of ground a piece of land so then it's obviously not possible to pick it up in your hand so how does it transfer ownership there are different views on this in our day and age it is virtually unheard of that somebody should just buy property with uh cash and it's just uh an oral contract between the buyer and seller there's something called a deed so in Torah law that documentation what's called AAR in Rabbi discourse that would be a way of effectively transferring the ownership also there's a concept called kazaka what is kazaka kazaka is a very common term in Jewish law it means a presumption a presumption based on some type of evidence usually a pattern like something is repeated and it becomes established as a kazaka uh but there are other ways of arriving at a kazaka and particularly in our discussion how can it be established there is a kazaka of ownership that this property this real estate has transferred from the previous owner the person that until now we thought was the owner and it's now the property of the new owner who's this guy is this his so one way of establishing that is something called kazaka and how is the kazaka uh actually established well making an improvement on the property so let's say a guy puts a lock on the door or let's say he makes renovations so that's considered the act of an owner and that would establish a kazaka oh this guy is really the owner that's the way that it's done with real estate that you can't pick up in your hand okay um we're going to be continuing with more Mitzvah that are related to M to buying and selling uh we'll see you for more God willing tomorrow am