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...
Reciting Kaddish After Torah Learning
Must One Recite a New Beracha if He Removes His Tallit and Then Puts it On Again?
Answering “Amen” and “Baruch Hu U’baruch Shemo” During Birkat Kohanim
If One Prays Shaharit Between the Fourth and Sixth Hours of the Day
Making Up Multiple Missed Tefilot
If One Forgot to Recite Birkot Ha’shahar
The Yishtabah Prayer
If a Person Forgot to Recite “Mashib Ha’ru’ah U’morid Ha’geshem”
Birkat Kohanim – The Requirement to Recite the Beracha in a Loud Voice
May a Kohen Who Accidentally Killed Somebody Perform Birkat Kohanim?
The Seventh and Eighth Berachot of the Amida: Re’eh Na Be’onyenu and Refa’enu
Interrupting in Between “Ani Hashem Elokechem” and “Emet” at the End of Shema
Which Interruptions are Allowed During Shema and Its Blessings?
The Sephardic Custom to Gesture With One’s Hands Before the Amida
Covering One’s Eyes During the Recitation of Shema
Page of 239
3585 Halachot found