Q&A: On the Permission of Forward Pricing for Produce
On the Permission of Forward Pricing for Produce
Question
It is explained in the Mishnah that a person may give a seller money so that he will provide him with produce at a later time, if he already has that produce. And the medieval authorities (Rishonim) explained that this is because he acquires the produce with regard to "He Who exacted punishment" and they treat it as though the produce became more expensive for him. But I do not understand: the seller does not have to give him those very same fruits, and this is not an acquisition that takes effect on the produce itself. If so, how does this permit the forward pricing arrangement?
Answer
In my lectures on se'ah-for-se'ah, which will be uploaded to the site later this year, I explain this. Here I will briefly write one possibility. It may be that he acquires the value of the produce, and not specific produce. Just as a lender or seller owns value that is found with the borrower/buyer, but not specific coins in their possession. I explained this distinction in Columns 522-524.
However, there is an assumption here that in order to create ownership over the value of produce, he must have produce of that type in his possession. He does not actually become the owner of those fruits, but rather of their value.
Discussion on Answer
I don't understand it, but in any case thank you.
In particular, see there the similarity between produce and money: neither can be acquired through symbolic exchange (according to one view), because in both cases there is only form/value and not a concrete object.