Bechor Status of Calf Born After Non-Jew's Inspection Without Kinyan

Date: 20 Elul 5577

From: Rabbi Moshe Sofer

To: Rabbi Getz

Description

A non-Jew inspected a cow and agreed to buy it but did not complete a valid kinyan before the cow gave birth overnight. The Chasam Sofer rules decisively that no acquisition occurred — the non-Jew's physical handling during inspection does not constitute a kinyan, agency (shelichus) does not apply to non-Jews, and the Ra'avad's lenient view on acquisition without intent does not apply to sales — so the firstborn calf retains full bechor status.

Source: Shu"t Chasam Sofer YD §313

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