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Day #263–Rambam DAILY Sefer HaMitzvos

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SoulWords—Rabbi Shais Taub avatar
SoulWords—Rabbi Shais Taub

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is day number 263 of our daily study of and in the three chapters a day study track of mish which our study sa Mitzvah follows along with we are starting a new book from the 14 books of Misha we're starting safer Kenyan Kenyan means acquisition and the theme of this book is all about how ownership is transferred from one person to another so here we go today's Mitzvah we have one Mitzvah positive commandment 245 and I'm going to give you a little bit of heads up here uh tomorrow we're going to have the same Mitzvah again you know that that happens often because of the way that we study sa from Mitzvah we don't go in order 1 through 613 but rather what we do is we study Mitzvah that are related to this to the subject matter that's being studied currently in the three chapters a day of mish Toyo so we're going to get a repeat we're going to get a bunch of repeats actually coming up with over the next several days in other words a lot of our Mitzvah we're going to study like more than once I mean more than one day and it's going to happen a lot so uh just letting you know today's commandment positive 245 it is the Commandment to follow the torah's laws regarding transfer of ownership the scriptural source is from that means Leviticus 25:14 when you make a sale to your fellow or you purchase from your fellow uh the rest of the verse says don't cheat them or Swindle them which actually becomes the source for another Mitzvah that I'm not going to get into right now because we're going to learn about it God willing in the coming days but you follow that when you sell to or you purchase and you hear what it says when you purchase from the hand now from the hand can mean literally or figuratively um figuratively it's very simple just you call you know passing something from hand to hand is like transfer of ownership but it also can be it can be taken literally like a literal hand and why am I bringing this up because um one of the ways in which transfer of ownership occurs if we're talking about movable items is literally by taking it picking it up and giving it into somebody else's hand that the person pulls it it's called mes called pulling where they they take the they take the item now that is a rabbinic enactment actually there's many discussions about the nature of this but just to give you a a a a glimpse into the complexities of this law of this Mitzvah if I go and I purchase something and I put down money um and then I say you know what forget it give me my money back I don't want it was the sale final or not let's say no conditions were explicitly made does giving money mean that there was a sale can the seller back out can the buyer back out so that's the nature of the laws that we're studying right now in the three chapters a day of misho uh with I I should actually I didn't even mention it the name of the first set of laws in the book of Kenyan is called hus m m means sale and there are a lot of different ways that ownership can transfer from one person to another not just sale it could be a gift could be an inheritance in fact those are upcoming uh sections in the book of Kenyan at any rate so transferring ownership is it enough just to pay somebody is it a sale if I give them the money or does it actually have to be placed in my hand so that's what this Mitzvah is all about by the way rically we say that it the person has to actually make acquisition by taking it if it's a movable item and there are other ways as well and I'm not getting into all of the explanations about this Mitzvah I just want to give you uh a sense of what this Mitzvah is describing and like I said God willing we're going to have the repeat tomorrow we'll talk more about it then we'll see you then God willing tomorrow