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 Proper Way for Kohanim to Position Their Hands and Fingers During Birkat Kohanim
The Proper Pronunciation of the Name of Hashem
The Importance of Learning Torah at Night
Performing the Misva of Shilu’ah Ha’ken with a Bird’s Nest in One’s Property
Reciting the Verse “Vihi No’am” Before Performing a Misva
Asking Questions To Your Rabbi
Touching a Torah Scroll with One’s Bare Hands
Kissing Somebody After He Received an Aliya
What Kind of Book or Scroll Should be Used for the Haftara Reading?
Shemitat Kesafim- Somebody Who Did Not Write a Prozbul Before the End of a Shemita Year
The Status of Willful Violators of Shemitat Kesafim
Rolling a Torah Scroll in its Case
Studying Torah in a Synagogue or Study Hall; Studying Audibly; Studying with a Partner or Group
The Reading of Parashat Masei at Mincha on Shabbat, Monday and Thursday
Earning a Livelihood - Basic Halachic Guidelines
Page of 239
3585 Halachot found