web analytics
May 28, 2015 / 10 Sivan, 5775
At a Glance
Judaism
Sponsored Post


Unstated Intentions

Business-Halacha-logo

The boss called Mr. Haber into his office. “We are downsizing our branch here, but have an open position in another city,” he said. “We’d like to relocate you to our other branch.”

Mr. Haber was not pleased about the move. However, it was important to maintain his position in the company, so he and his wife began making preparations. They inquired about yeshivas, housing options, and moving companies. As the time approached, they began sorting their household items, those to take and those they would sell.

Three weeks before moving, they posted on their community list a notice: “Moving sale! Many household items at reduced price. Sunday afternoon this week and next.” They also placed a big placard at the front of the house.

Among the items sold were Mr. Haber’s bicycle, their refrigerator – with an agreement to leave it until they moved – and some heavy professional tools.

A week before the move, Mr. Haber’s boss called him in. “We have some news for you,” he said. “We hope you’ll consider it good news.”

“What is that?” asked Mr. Haber.

“Three of our other workers transferred to other companies, so we would like you to stay here,” said the boss. “There is no need to relocate you.”

“Wow!” exclaimed Mr. Haber. “You really caught me by surprise! We’ve been making plans for two months, but we might be very happy to stay. Let me consult with my wife.”

That evening Mr. Haber discussed the issue with his wife. They decided to stay.

“What about all the items we sold?” Mrs. Haber asked her husband. “It’s going to cost us double to buy new ones to replace them. Can we get them back?”

“I don’t know,” he replied. “They’re sold!”

“But we sold them because of the anticipated move,” she said. “If we’re not moving, the sale should be null and void.”

“We didn’t stipulate that the sale was contingent on the move,” said Mr. Haber. “We don’t have legal basis to revoke the sale.”

“Why don’t you consult Rabbi Dayan?” suggested his wife. “See what he says.”

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“The Gemara [Kiddushin 49b] discusses the case of a person who sold his property with intention to emigrate to Israel but made no mention of this at the time of the sale,” replied Rabbi Dayan. “His plans fell through, so he wanted to invalidate the sale. Rava ruled that non-verbalized intentions are not of legal consequence – devarim shebalev ainam devarim – so he cannot invalidate the sale.”

“We clearly mentioned the sale was a moving sale,” noted Mr. Haber. “Does that make a difference?”

“Tosfot [s.v. devarim] infers from the Gemara that if the person mentioned his intention to emigrate at the time of the sale he could undo the sale,” explained Rabbi Dayan. “They distinguish between three cases: Where there is circumstantial support, such as in the Gemara’s case, we suffice with verbal indication – giluy da’as – at the time of the sale; where there is insufficient circumstantial support we require an explicit stipulation; and where the intention is absolutely blatant it is not even necessary to indicate verbally.” (C.M. 207:3-4)

“So our case,” asked Mr. Haber, “should be one where there is circumstantial support and we should be able to undo the sale on account of the giluy da’as?”

“It would seem so,” said Rabbi Dayan. “However, the Rama [207:4] limits Tosfot’s ruling about giluy da’as to real estate, which people do not sell without good reason. However, moveable items – which people often sell without great need – require explicit stipulation. Thus, even though you mentioned your intention to move, this is insufficient circumstantial support to determine the move was meant to be a conditional factor for the sale of the bike. However, regarding the professional tools, which people only sell for good reason, if the plans fell through, that sale is invalidated when there was a giluy da’as.” (Pischei Choshen, Kinyanim 20:56)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Unstated Intentions”

Comments are closed.

Current Top Story
Former FIFA vice president Jack Warner.
One of Indicted FIFA Officials Blamed ‘Zionism’ for 2011 Bribe Charge
Latest Judaism Stories
Mosaic of 12 Tribes

Many of us simply don’t get the need for the Torah to list the exact same gift offering, 12 times!

Leff-052215

There is a great debate as to whether this story actually took place or is simply a metaphor, a prophetic vision shown to Hoshea by Hashem.

Staum-052215

Every person is presented with moments when he/she must make difficult decisions about how to proceed.

Torat-Hakehillah-logo-NEW

One does not necessarily share the opinions of one’s brother. One may disapprove of his actions, values, and/or beliefs. However, with brothers there is a bond of love and caring that transcends all differences.

This Shavuot let’s give G-d a gift too: Let’s make this year different by doing just 1 more mitzvah

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if […]

God and the divine origin of His Torah are facts even though we do not fully comprehend them.

So if we basically live the same life, why should he get eternal reward and not me?”

The question is: What about pidyon haben? Can one give the five sela’im required for pidyon haben to a kohen’s daughter?

In Parshas Pinchas the Torah introduces the Mussaf for Shavuos by describing it as Yom HaBikurim when we bring the new offering.

Rachel was thrown by the sight and began to caringly think whom this person might be.

The desert, with its unearthly silence & emptiness, is the condition in which the Word can be heard

The census focused on the individual, proving each is created as irreplaceable, unique images of God

Jewish survival in a dysfunctional world requires women assuming the role Hashem gave them at Sinai

The Honor Of Reading The Kesubah
‘Witnesses Sign Only After Reading…’
(Kesubos 109a)

Why does the Torah use two different words for “to count,” and what does each indicate?

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

Business-Halacha-NEW

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/unstated-intentions/2014/07/03/

Scan this QR code to visit this page online: