BAIS HAVAAD ON THE PARSHA 5772 PARSHAS TOLDOS AQUIRING FUTURES

In this week's parsha we read about the episode where Eisav sold his firstborn rights to Yaakov. As the rishonim explain, Eisav sold his extra portion of inheritance that every firstborn is entitled to. The rishonim question how such a transaction was valid considering that Eisav was in effect selling something that he had not yet acquired. This seems to contradict the rule that one cannot sell a Davar Shelo Ba LeOlam. Tur, in the name of his father Rabbeinu Asher (Rosh), answers that since Eisav had sworn his commitment to the transaction he was fully aware and cognizant of what he was doing. In this instance he was indeed able to sell it even though it was not yet his. CLICK HERE FOR PRINTER FRIENDLY VERSION