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Exchange item

שו"תExchange item
שאל לפני 3 שנים

Peace be upon Rabbi Michael Avraham
How do you understand the exchange of property for someone who says it is the property of someone else?
And to interpret the Tosafot, it is precisely the tools of Makana.
Thank you very much.


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מיכי צוות ענה לפני 3 שנים
I don't know how to translate every law into a principled concept, but I can try and speculate. In the series of series 524-5 I explained that in my opinion exchange is the primitive property that preceded the legal-economic conceptualizations. The source from the Book of Ruth is only a reference or a revelation of a word. Reuven wants X and Shimon wants Y, so they exchange. Even before the age of money and more modern sophistication. But this concerns exchanges of equal value, which are exchanges of goods. There is no point in discussing whether it is done in the hands of a seller or a buyer, because in such an exchange there is no seller and buyer. It is symmetrical. Only in the purchase of money can a seller (who gives goods and receives money) and a buyer (who receives goods and gives money) be defined. Soder exchanges are a property that was created after the legal-economic conceptualization and are similar to the purchase of money. Therefore, there is a buyer and a seller, but it is still an extension of the ancient property of exchange, meaning that it is done as a natural and simple property. Hence, if the seller is supposed to give the goods to the buyer, then the natural action in the purchase is done on his part. Perhaps this is the reason for the buyer's tools. For the method in the buyer's tools, modern purchasing is probably seen as more similar to modern buyers and does not continue to resemble ancient exchange. And in modern times, the buyer draws the goods to the buyer.

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