דבר שלא בא לעולם חלק ג - ההלכה למעשה

4) A person can not sell something that does not yet exist in the world, regardless of whether it is a transaction, a gift of a healthy person, or a deathbed gift. For example, if you say, "Whatever this field produces is sold to you, whatever comes out of this tree is given to you, give whatever this animal births to Ploni, or if you say, what my cow or my slave gives birth is sold to you or given to you - you haven't said anything." Even if the cow or the slave was pregnant, he hasn't acquired anything. However, with regards to a tree, if the fruit have already been formed, they are considered to exist. He can renege even after the cow or the slave gives birth, and after the tree's fruit has grown and come into existence.

If the purchaser beat him to it and grabbed the produce, we don't take them away. This is the law with other things that have not yet come into the world, and even if the didn't grab them, but rather the seller wrote a document and gave it to him, it is like grabbing.

If he sold a tree for its fruit, or a cow or a slave for their fetuses, he acquires them immediately and neither can renege.

If someone says to their friend that they will buy the cost of the wine from them when they sell the wine, this is considered something that does not yet exist in the world. And there are those who say that everything here is with regards to someone who sells something without detailing it, but if he says that he will buy it when it exists, he does acquire it, even if it does not now exist, but there are those that disagree.

And even though a person can not sell something that does not exist, however, he can place a lien on it, and there are those who disagree, but he himself can obligate himself, as explained above in 60:6.

If someone who sells something to his friend that does not yet exist along with something that does exist, there are those that say it is like a case of, "buy it with my donkey." which will be explained at the end of 210.

And if he took an oath to fulfill the transaction, even though it doesn't yet exist, he must fulfill his oath as it is above in 209:19 and 73:8. However, he has not acquired it through a kinyan, therefore if we can not force him to fulfill his oath, ie, he dies, then his kinyan is nothing. Similarly, should he have his oath annulled.

Just as a person can not sell something that does not exist he also can't forgive something that does not exist.

1) If someone comes to claim his loan with a note from the borrower, but he does not have assets to cover what was in the note, the lender can claim lands that the borrower had at the time of the loan, which he subsequently sold or gifted. However, lands which the borrower acquired after the loan, and subsequently sold or gifted, the lender can not claim.

If the note says that he is mishabed property that he owns and that he will buy in the future, the lender can claim them. . . .

6) Someone who obligates themselves with regards to something that does not yet exist, or that he doesn't have, is obligated even though a person can not sell something that does not yet exist. That is the case where you sell it to someone with a languages of transaction or gift. Even if you wrote a lien on a field, or provided a guarantee with all of your property, or gave collateral, it is nothing. But, if he used the language of obligation, like if he said, "Be witnesses for me that I am committing to Ploni such and such." - he is obligated. . . .

However, all of this is according to the Rif and some rabbis. However, many disagree with this and think that anyone who says, "I gave Ploni such and such," is considered to have admitted, and it is like 100 witnesses. And we don't examine how he gave, since once he admitted, we say that certainly he gave it in a satisfactory manner, and the receiver of the gift was koneh.