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 of Yogurt Mixed With Fruit or Granola
Does One Recite a Beracha Over a Beverage If He is Thirsty Only Because of Something He Ate?
Must One Recite Two Berachot When He Eats a Cracker With a Topping?
The Proper Sequence When Eating Different “Mezonot” Foods, and When Eating a “Mezonot” Food With Fruit
The Status of Date Honey, Beer and Whiskey With Regard to the Sequence of Berachot
The Proper Sequence of Berachot When One Eats Two Fruits or Vegetables
The Order of Precedence When Eating Several Different Types of Food
Giving Precedence to the Special Fruits of Eretz Yisrael
“Peri Ha’gefen” or “Feri Ha’gefen”; The Proper Beracha Over Cognac
Reciting Berachot Over Fruit Eaten as Dessert
The Text of Al Ha’mihya For Products Made From Grains Grown in Israel
“Beriya” – If One Eats a Whole Grape, Nut or Olive Smaller Than a “Ke’zayit”
Does One Recite a Beracha on Ice Cream Which is Served During a Meal?
What Quantity of a Beverage Requires the Recitation of a Beracha Aharona?
Within How Much Time Must One Eat a “Ke’zayit” For a Beracha Aharona to be Required?
Page of 239
3585 Halachot found