DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 610 KB)
Is A Deal Binding If Its Content Is In Violation Of A Torah Prohibition?

If two parties make a transaction that entailed a Torah violation, such as if the goods were delivered on Shabbat, can the buyer retract the sale and demand a refund? If, for example, the goods were delivered on Shabbat and the buyer then realized that such a transaction cannot possibly yield profitable results, as it entailed Shabbat desecration, can he retroactively rescind his consent to the sale and demand a refund?

The Shulhan Aruch addresses this question in Hoshen Mishpat (235:28) and rules that the sale in such a case remains binding despite the Torah violation involved. Even though the parties are liable to punishment for having transgressed Torah law, the transaction itself is legally binding and neither party can retroactively rescind his consent.

Earlier in Hoshen Mishpat (208:1), the Shulhan Aruch addresses a similar situation, where the parties agree that the buyer will render payment a year after the transaction at a certain percentage of interest. Paying or receiving interest constitutes a grave Torah prohibition, and thus this agreement entails a clear violation of Halacha. Nevertheless, the Shulhan Aruch rules, the sale remains legally binding and neither party can retract his consent to the transaction. Of course, the buyer is not required to pay the interest; in fact, he is forbidden from doing so by Torah law. The transaction itself, however, is legally binding, and therefore neither the buyer nor the seller can demand that the sale be voided on account of the forbidden nature of their agreement.

Summary: If a transaction entailed a Torah violation, such as if the goods were delivered on Shabbat or if the arrangement entailed the payment of interest, the sale is binding despite the prohibition involved, and neither party can retroactively void the sale.

See the book- "Pure Money" by Dayan Cohen, pages 97-98.

 


Recent Daily Halachot...
The Beracha Over Puffed Wheat and Granola Bars
Situations When One Does Not Recite a Beracha Before Drinking Water
Does One Recite “Ha’mosi” over Sweet Bread, or over So-Called “Mezonot Rolls”?
What Beracha Does One Recite on Pita Chips?
Which Beracha Does One Recite Over Pizza or Calzone?
What Must the Third Person Eat for Three People to Make a Zimun?
Reciting a Zimun if a Third Person Arrives After the First Two Finished Eating
Making a Zimun in a Moving Vehicle, Boat or Plane
Zimun If Ten People Ate Together But Not All of Them Ate Bread
Insight Into the Text of the Zimun
Can Three People Make a Zimun if One of Them Did Not Eat Bread?
Can a Minor be Counted Toward a Zimun?
Zimun in a Yeshiva Cafeteria
The Beracha Recited Over Chocolate Bars with Nuts, and Over Coated Almonds
Berachot If One Falls Asleep During A Meal
Page of 239
3585 Halachot found