Matanah Al Menas Lehachzir vs. Kinyan Peiros and the Lachem Requirement for Esrog

Date: 20 Kislev 5574

From: Rabbi Moshe Sofer

To: Rabbi Simcha Bunim Ginz (Eiger)

Description

The Chasam Sofer rejects his father-in-law's distinction between tenai and shiyur as applied to gifts and sales, arguing it belongs only to the domain of gittin where complete krisos is required. He explains that matanah al menas lehachzir is a complete, absolute transfer — if the giver waives the condition no new kinyan is needed — whereas kinyan peiros never conveyed the guf at all; thus the esrog satisfies lachem while a field subject to Yovel reversion does not satisfy the declaration of divine gift for bikkurim.

Source: Shu"t Chasam Sofer CM §131

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