1)     Inability to retract – No Kinyan was made:

The following is a list of scenarios in which one may not legally retract from the pledged transaction even in the case that no valid legal acquisition has yet to be made:

Acquisition of a pledge:[1] If a person made a pledge to give a person a gift, and the recipient had made an acquisition on the promise from the person gifting it, using the valid methods in which words and promises can be acquired, then he is legally required to go through with his promise whether it is a large or small gift.[2] If, however, the gifting was done out of error, then even if an acquisition took place it is not legally binding.[3]

Matters of a Mitzvah:[4] One who resolves, even in his heart, that he will do a certain Mitzvah related matter, is obligated to do so due to the rules of a vow. One is certainly obligated to do so if he expressed his resolution with his mouth. [Nonetheless, in certain cases he may perform Hataras Nedarim to absolve him of the oath.[5]]

Forgiving a debt or loan:[6] A person who forgives a debt or loan cannot legally go back on his word, and the loan or debt is considered legally null and void from there on. There is no need for any acquisition to take place to legally affect the nullification of the debt, and simply saying that one forgives the loan suffices to make it legally binding. This, however, is with exception to a case in which the forgiveness was done out of error, in which case even if an acquisition took place it is not legally binding.[7]

Gift from the community, or from a group of people:[8] In the event that a group of individuals told a person that they will give him a gift, then if there were three appointed community leaders present amongst the group of individuals who promised the gift to the individual, then from the letter of the law, they are legally not able to retract from the promise, and must go through with giving him the gift.[9]

A pauper:[10] One who states that he will give a pauper a present, then it retains the status of a vow, and hence whether it is a small present and whether it is a large present, he may not legally retract his statement, and is required to follow through with his promise, as is the law regarding all vows.[11] Furthermore, even if he did not express his resolve to give a pauper a gift in actual words, and rather simply made the resolve[12] within his heart and mind, then he is required to follow through with the resolve of his mind, as will be explained in the laws of charity.[13] [Nonetheless, he may perform Hataras Nedarim to absolve him of the oath.[14] Thus, if one wrote a check to charity, he cannot go back on it unless he performs Hataras Nedarim.[15]]

Maaser to a Levite:[16] One who states that he will give his Maaser produce to a certain Levite, then if the Levite is a pauper, then it retains the status of a vow, and he may not legally retract his statement, and is required to follow through with his promise, as is the law regarding all vows.

If handed a gift to a messenger to give to the recipient:[17] One who gives money or an object to his friend and tells him to give it to a certain person as a gift, then if in his instructions to the messenger he used the term “Ten/give this to him as I’m giving it to him as a present” then that individual is already considered to have acquired the gift money or object and hence he is no longer legally able to retract it [whether it is a small gift or large gift].[18] Accordingly, even if the giver asks the messenger to give it back to him, he may not give it back to him unless he is coerced in a way that leaves him without choice.[19]

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[1] Admur C.M. Dinei Mechira Umatana Halacha 2; Michaber 204:8; Rambam Hilchos Mechira 7:9

[2] Admur ibid; Michaber ibid; Rambam ibid

[3] See Admur ibid; Rama C.M. 241:2; Mordechai Sanhedrin 1 Remez 682; Maharik Shoresh 111; Tosafus Sanhedrin 7a; Encyclopedia Talmudit ibid p. 298 footnotes 145-148

[4] Admur 156:2 “Im Ein Bahen Serach Mitzvah”; Admur C.M. Dinei Mechira Umatana Halacha 1 “Kol Sheiyn Bahem Search Mitzvah” and 4; regarding Tzedaka; Kuntrus Achron 1; Rama Y.D. 258:13; M”A O.C. 562:11 regarding a fast

[5] See Shach C.M. 125:27; Beis Shmuel 51:11; Pischeiy Teshuvah Y.D. 258:8-9; Imrei Yaakov on Admur ibid 4:17 and 19 Shaar Hatziyon 58-59

See regarding doing Hatras Nedarim to a charity pledge: Michaber Y.D. 258:6; Maharsham 1:201 regarding pledges in thought; Tzedaka Umishpat [Bloy] 4:5

[6] Admur C.M. Dinei Mechira Umatana Halacha 2; Rama C.M. 241:2; Tur 241:2; Rambam Hilchos Mechira 5:11; Zechiya Umatana 3:2; Tosafus Sanhedrin 7a; Bava Metzia 112a; See Imrei Yaakov on Admur ibid 1:11-12 Shaar Hatziyon 40-45 and Likkutim 2:7 Mekoros 19-21

[7] Admur ibid; Rama C.M. 241:2; Mordechai Sanhedrin 1 Remez 682; Maharik Shoresh 111; Tosafus Sanhedrin 7a

[8] Admur C.M. Dinei Mechira Umatana Halacha 3; Hagahos Mordechai ibid; See also Admur Hilchos Nizkeiy Guf Vinefesh Halacha 15; Rama end of 163; See Michaber 204:9; Mordechai Bava Metzia 6 Remez 458

[9] The reason: As any actions of a community do not require an acquisition to become legally binding. [Admur ibid; Rama ibid; Mordechai ibid]

[10] Admur C.M. Dinei Mechira Umatana Halacha 4 and Kuntrus Achron 1 in great length; [see also Admur 156:2 “Im Ein Bahen Serach Mitzvah”; Admur C.M. Dinei Mechira Umatana Halacha 1 “Kol Sheiyn Bahem Search Mitzvah”; Admur Hilchos Gezeila Halacha 31 “Amira Legivoa”]; Michaber C.M. 125:5; Y.D. 258:12; Rama C.M. 243:2; Rama E.H. end of 51; Rama Y.D. 258:13; M”A O.C. 562:11 regarding a fast; Beis Yosef Y.D. 258; Yerushalmi Bava Metzia 4:2; Rif Bava Metzia 29b; Mordechai Bava Metzia 6 Remez 312 in name of Maharam of Rothenberg and Bava Basra Remez 499; Hagahos Maimanis Zechiya 11 Daled; See Shach 243:2; Bava Kama 18b; Nimukei Yosef 18a; Nimukei Yosef Bava Metzia 49a; Smeh 125:25; See Imrei Yaakov on Admur ibid 4:15-17 and in Biurim “Leani” and “Eino Yachol Lachzor” and Likkutim 4:10

Definition of a pauper: See Imrei Yaakov on Admur ibid 4:15 Shaar Hatziyon 51-53 and in Biurim “Leani”

May one give the gift to another pauper: No. [Admur Kuntrus Achron ibid] However, if it was merely thought in his mind, then he may give it to another pauper. [See Imrei Yaakov on Admur ibid Biurim “Veafilu Gamar Belibo” and Likkutim 4:10 Mekoros 26]

Other opinions: Some Poskim rule that one is only required to give the gift to the pauper if the gift was in his possession at the time that he made the promise. However, if he did not yet own the gift, then he is not legally required to follow through with his promise, although retracting from his promise could be considered untrustworthy. [Smeh 243:6 in name of Mordechai Bava Basra ibid; Admur ibid in the Hagah negates this opinion, under the basis that when it comes to making a vow, whether or not one currently owns the item is irrelevant; See Imrei Yaakov on Admur ibid 4:17 Shaar Hatziyon 54-57 and in Biurim “Eino Yachol Lachzor”] Other Poskim rule that saying that one will give a gift to a poor person is never considered like a vow as it is only considered a vow if the term charity was used, and hence he is not legally required to follow through with his promise, although retracting from his promise could be considered untrustworthy. [See Admur Kuntrus Achron ibid that so is implied from Bava Basra  49a regarding Matanos Kehuna to Levi’im, as understood by Mordechai Gittin 3 Remez 363 and Tosafus Bava Basra 123b, brought in Darkei Moshe 204:3, that promising to give Maaser to a Levite is not considered a vow, but rather has the status of a small present, even if the Levite is a poor person. Admur ibid then goes ahead to negate this understanding based on other Rishonim and Poskim]

[11] The reason: As there is a mitzvah on all of the Jewish people to give charity to a poor person and give him that which he lacks, and hence it is found that he made a vow of a Mitzvah related matter. Thus, when one makes a statement or resolve regarding a poor person that he will give him a gift, which is a statement of an obligatory Mitzvah on all the Jewish people, it is considered as if the poor person has already acquired it. This is in contrast to Maaser of produce that one states that he will give it to a wealthy Levite, that one may retract from his statement if the Levite is rich being that the Jewish people are not obligated to give their Maaser to this specific Levite. [Kuntrus Achron ibid]

[12] However, if he did not make any resolve in his mind and the thought simply passed through his mind, then there is no need even from a perspective of piety to fulfill this passing thought. [Imrei Yaakov on Admur ibid 4:18 Shaar Hatziyon 60]

[13] Admur ibid; Kuntrus Achron ibid 1; Admur 156:2 “Im Ein Bahen Serach Mitzvah”; Admur C.M. Dinei Mechira Umatana Halacha 1 in parentheses “Kol Sheiyn Bahem Search Mitzvah”; Admur 457:18 in parentheses; Rama Y.D. 258:13; M”A O.C. 562:11 regarding a fast; See Tzedaka Umishpat [Bloy] 4:4-5

See regarding that charity pledges have the status of a vow even when not verbalized and simply accepted in one’s mind: Rama Y.D. 258:13 and Michaber C.M. 212:8 for both opinions and Rama concludes in both Y.D. and C.M. that the main opinion is like the first stringent opinion; Stringent: 1st opinion in Rama and Michaber ibid; Mordechai; Maharik 185; Semak; Hagahos Rav Akiva Eiger 258; Imrei Yosher 2:162; Lechem Rav 223; Kneses Hagedola C.M. 212 that according to Michaber should be stringent; Lenient: 2nd opinion in Rama and Michaber ibid; Rosh Kelal 13; Pischeiy Teshuvah Y.D 258:16 and Gilyon Maharsha 258 in name of Das Eish 14 that Machshava only helps for the amount of the pledge, however one must at least verbalize that he is making a pledge, otherwise it is not binding according to any opinion; Sdei Chemed Klalei Haposkim that Michaber is lenient; See also Mahariy Asad Y.D. 311; Erech Shaiy Y.D. 210 in name of Avnei Shoham;

[14] See Shach C.M. 125:27; Beis Shmuel 51:11; Pischeiy Teshuvah Y.D. 258:8-9; Imrei Yaakov on Admur ibid 4:17 and 19 Shaar Hatziyon 58-59

See regarding doing Hatras Nedarim to a charity pledge: Michaber Y.D. 258:6; Maharsham 1:201 regarding pledges in thought; Tzedaka Umishpat [Bloy] 4:5

[15] Imrei Yaakov on Admur ibid 4:19

[16] Admur C.M. Dinei Mechira Umatana Kuntrus Achron 1; See Encyclopedia Talmudit Erech “Michsurei Emuna” Vol. 44 pp. 301-302

Other opinions: See Chasam Sofer Y.D. 297; Betzel Hachochmah 5:160 – 3

[17] Admur C.M. Dinei Mechira Umatana Halacha 6; Michaber and Tur C.M. 125:5 and 243:2 regarding Holeich; 2^nd opinion in Michaber and Tur C.M. 125:7 and 243:3 regarding Ten; Rambam Hilchos Zechiya 4:4; Rebbe Yochanon Gittin 11b regarding Ten; Gittin 32b regarding Holeich; Ran Gittin 6b

Regarding a debt: See Admur Hilchos Halva Halacha 32

[18] Admur ibid; 2^nd opinion in Michaber and Tur C.M. 125:7 and 243:3; Rambam Hilchos Zechiya 4:4; Rebbe Yochanon Gittin 11b regarding Ten

The reason: As when the term “give” is used, it is considered that [the giver has appointed the emissary as a Shliach Kabala, and hence it is considered as if] the individual has already actually received it himself through the emissary taking it into his hands, as Zachin Leadam Shelo Befanav, and hence he is no longer able to retract it. [Admur ibid; See Mishneh Gittin 11b; Admur 366:12]

[19] Admur ibid; Michaber 125:1