Latest update: November 15th, 2012
When one sells an item that does not exist, the problem is not that he cannot make the kinyan; rather, the problem is that the agreement is not binding – permitting him to retract. Therefore the Rosh and the Tur say that if he will swear that he will keep his word (since he may no longer retract due to his oath) the agreement is binding and ownership can be transferred.Rabbi Raphael Fuchs
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