Photo Credit: Jewish Press

There is, though, another form of kinyan by which the one that is acquiring the item performs the “action” aspect of the kinyan, e.g. he lifts it up but does not have the necessary da’as to acquire the item. The item’s giver will supply the da’as aspect of the kinyan. Reb Chaim suggests that in this form of kinyan, where the one acquiring the item performs the action aspect of the kinyan and only lacks the da’as aspect, we do not need to utilize the halacha of shelichus to import the da’as.

Therefore Tosfos can be of the opinion that in order to acquire something on behalf of someone else, one must utilize the halacha of shelichus – yet in order to perform da’as acheres makneh oso, one need not use the halacha of shelichus. So in Tosfos’s opinion, a minor can own an item if he acquired it by means of da’as acheres makneh oso.

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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.
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