Chattels

In English and American law property is divided into two kinds: real or landed, and personal or chattels; in Continental law, into immovable and movable. Jewish law speaks of "ḳarḳa'ot" (ground) and "miṭṭalṭelin" (movables). Slaves are included in the former; demands on other persons, in the latter, though in many respects the law governing the ownership and incidents of bonds ("sheṭarot") or other demands differs from the law of tangible, bodily chattels, as has been shown in the article Alienation. Lands and slaves are sometimes joined together under the name of "property which has responsibility" ("sḥarayot"), chattels, bond, and, other demands as property having none; because, under the Talmudic law (see Deeds), a properly written and attested bond became as soon as delivered a lien on all of the debtor's lands, but not on his chattels and effects, and because, moreover, after the death of the debtor, only lands and slaves, not chattels or demands, were liable to his creditors. During the Middle Ages, however, as a matter of necessity, goods, moneys, and effects were made liable for the decedent's debts (see Debts; compare Ḥoshen Mishpaṭ, 107, 1).

Since the non-observance of the Jubilee there has been no difference in the laws of descent (see Agnates) between landed estate and chattels. They form together one mass, as they do in countries having a system of civil law. The modes of Alienation and Acquisition are different, as has been shown in the article under that caption. Moreover, a sale of chattels can be set aside or corrected for Overreaching on the sole ground of inadequacy or excessive price, while the law of overreaching ("ona'ah") does not apply to either lands or bonds. These broad distinctions are readily found in the Mishnah Ḳid. i. 1-6, and B. M. iv. 1-9; for details see the articles under the captions indicated above.

J. Sr. L. N. D.