[Avodah] The Kiddushin "raid" in Lakewood

[Zev Sero]

kennethgmiller at juno.com wrote:

> Is it possible to compare this case to that of Orach Chayim 658:5?
> 
> The Mechaber there says that if Reuven handed his lulav to Shimon (on
> the first day of Sukkos, when ownership is required) without specifying
> whether it is a gift or a loan, that is good enough, and it is as if
> Reuven had said that it is a "gift on condition to return it", because
> that's what's needed for Shimon to be yotzay, so we are "omed" that
> that's what they had in mind.

The idea of an analogy to lulav actually came to me yesterday, but in the
opposite direction.  The Mishna describing the order in the BHMK on the
Shabbos of Sukkos says that everybody brought a lulav before Shabbos,
and on the day everybody would get a lulav, but no attempt at all was made
to keep track of who owned each lulav.  Instead, each person was told when
depositing his lulav to be makneh it to whoever would get it the next day.
Now if this sort of kinyan I proposed, whereby when a person accepts an
object as a return of the one he deposited the ownership automatically
transfers, why would each person need to make an explicit declaration to
that effect?

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas