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...
Situations Requiring Netilat Yadayim
Is A Person Required To Say Asher Yatzar Every Time If Using The Bathroom Excessively Due To An Illness
Should One Make Borei Nefashot First Before Asher Yatzar If Having Gone To the Bathroom Before Reciting Borei Nefashot
Is It Permissible To Answer Amen To Kadish, Nakdisach, or Barechu While Reciting Asher Yatzar
Does The Beracha of Me’en Shalosh Fulfill One’s Obligation If Said By Mistake Instead of Birkat HaMazon
Is One Required To Make Netilat Yadayim Before Eating Cereal and Before Dipping Crackers Into Butter
Does One Have To Repeat The Birkat HaMazon If He Is In Doubt If He Said Ritze VeChalitzenu on Shabbat
Birkat Hailanot
Netilat Yadayim When Waking Prior To Alot Hashachar
What Is The Proper Procedure Of Washing When Coming From The Bathroom And Eating Immediately Thereafter
Who Should Say The Hamotzih When Sitting Among Many People?
Is It Permissible to Say Hashem's Name in A Bathroom Or In A Mikveh
A Comprehensive Understanding of the Beracha of Asher Yasar
Yom Tov- The Proper Beracha for Aliyat Maftir on Shabbat Hol Hamoed
Treating Hol HaMoed Properly
Page of 239
3585 Halachot found