More Discussions for this daf
1. Menasech 2. Transaction of an Orphan 3. Transaction of an Orphan
4. Becoming an Apotropos 5. Ramban's explanation of Rav Chisda
DAF DISCUSSIONS - GITIN 52

Dan asks:

At which two points during an orphan's transaction might the transaction actually take effect (depending on which one would be to his benefit)?

Dan, New York, USA

The Kollel replies:

If it is to the benefit of the orphans, the transaction takes effect when Meshichah occurs, which is when the buyer "pulls" the merchandise into his possession. Hence, if the items were worth 6 at the time of the Meshichah and then went down to 4 by the time the buyer got around to paying, we say that the transaction took place at the time of Meshichah and he must pay 6. If, conversely, the items were worth 4 at the time of Meshichah and went up to 6 by the time the money changed hands, we act in the best interests of the orphans and say that the transaction only takes effect at the time of payment, and he must pay 6.

Kol Tuv,

Dovid Bloom