When does the Kinyan take effect in a store?

Once one has lifted the purchased item, and certainly once he has taken it out of the store into his car and house[1], then the item becomes legally his and he no longer retains the legal right to change his mind and nullify the transaction, absent of a Mekach Taus or store/state refund policy. [Furthermore, even when the person lifts the item in the store prior to payment, some argue that it is considered that he has Halachically purchased the item, being that he has performed Hagbah to the item.[2] Nonetheless, even according to the approach that it is considered his, it has the status of an item that was purchased with intent to evaluate and eventually decide whether to keep or not, and hence it may be returned so long as he has yet to actually pay for it.[3]]

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[1] See previous footnote regarding Kinyan Meshicha

[2] See Rama 198:1 “Since he did Hagbah or Meshicha he has acquired even if he did not yet pay”; Alon Hamishpat Vol. 95 6-7 footnotes 14-19 in length that it has the status of Halokeiach Keli Al Means Levakro, however, see there that some argue that he has no intent to purchase prior to payment.

Background – Kinyan Hagbah prior to payment: Regarding if simply lifting the object suffices to be considered a valid acquisition even prior to paying for the object, it is clear that it is considered a valid acquisition. [Rama ibid] However, this only applies if the buyers intent is indeed to purchase it, however, if his intent is not yet to purchase it then his Hagbah means nothing. Accordingly, when shopping for items and placing them in one’s cart or hand, it is disputed amongst today’s Poskim as to the status of acquisition of these items and as to whether we consider it acquired on the status of Halokeiach Keli Al Means Levakro, or not. [See Alon Hamishpat Vol. 95 6-7 footnotes 14-19] Nonetheless, even according to the approach that it is considered his, it has the status of an item that was purchased with intent to evaluate and eventually decide whether to keep or not. In other words, it is as if one purchased it with an inherent refund policy which gives him the ability to go back on the sale, and hence there is no ramification regarding our subject of whether he may go back and return it, as according to all he may. The only ramification would be regarding his level of liability on the product prior to payment. [See regarding “Halokeiach Keli Al Means Levakro: Michaber C.M. 200:11; Smeh 200:29; Tur 200; Nedarim 31a”; Bava Basra 88a; Alon Hamishpat Vol. 95] However, once he pays for the product and does Meshicha or Hagbah, then it is considered fully his and it is illegal for him to go back on the sale absent of a refund policy of the store or state.

[3] See Michaber C.M. 200:11; Smeh 200:29; Tur 200; Nedarim 31a regarding “Halokeiach Keli Al Means Levakro”; Bava Basra 88a; Alon Hamishpat Vol. 95