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11 ‎[1] If one has transferred land or movable property and stipulated conditions that are possible of performance, title to the object is acquired if the conditions are fulfilled, whether they were stated by the transferor or the transferee. The latter cannot acquire title if the conditions are not fulfilled. We have already explained the rules of conditions in the section dealing with the laws of matrimony. ‎[2] ‎[3] ‎[4] ‎[5] ‎[6] ‎[7] ‎[8] If one sold his courtyard or his field and specified at the time that he was selling it in order to make a journey to a certain place, or owing to want of rain, — — it is as if he made the sale on condition. Accordingly, if rain fell after he had made the sale — — or it became impossible for him to make the trip to that particular country, — — he may refund the money and the land will be restored to him, because he stated explicitly that he was selling only to accomplish a specific thing, and it was not accomplished. And so in all similar cases. ‎[9] If, however, one sells unconditionally, even though he has in mind the reason why he is making the sale, and although circumstances make it clear that he is selling merely to accomplish a certain thing, he cannot retract if it is not accomplished, because he has not specified it, and mental reservations are not effective. ‎[10] ‎[11] ‎[12] It once happened that a woman appointed Reuben as her agent to buy her a courtyard from Simeon who was her relative. Simeon, the seller, said to Reuben, the agent: "When I will have money, will that lady who is my relative return this land to me?" And Reuben replied: "You and that lady are as close as brother and sister," as if he meant to say: "It is very likely that she will restore it to you, since she does not care much for it." When this case reached the sages, they declared: "This agent had acquired no title, because the relative had not relied on the words of the agent who had given him no definite reply; hence, he had not resolved to sell." And so in all similar cases. ‎[13] ‎[14] ‎[15] If a person has obligated himself unconditionally to pay an amount of money to another person, whom he owes nothing at all, he must pay it.— — If, for example, a man said to witnesses: "Be witnesses that I owe that person one hundred shekels," — — or, in the presence of witnesses, he said to another: "I owe you one hundred shekels by writ," he must pay; even though he omitted saying "be my witnesses," it is as if he said it, because he used the phrase "by writ." Even though both parties admit, and the witnesses know that he owes him nothing, he has obligated himself like one who has made a guaranty. The majority of the Geonim have decided the case in this manner.
Version: Maimonides' Mishneh Torah, edited by Philip Birnbaum, New York, 1967
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