web analytics
September 2, 2014 / 7 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



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.

SocialTwist Tell-a-Friend

Current Top Story
Candy-laden bulletin board greets children on their first day of school in the lobby of an Efrat apartment building. Sept. 1, 2014.
The message reads:
"To our dear children ... may it be a year of fun and happiness in your studies." 
Did You Know September 1 is an Israeli National Holiday?
Latest Judaism Stories
shofar+kotel

If you had an important court date scheduled – one that would determine your financial future, or even your very life – you’d be sure to prepare for weeks beforehand. On Rosh Hashanah, each individual is judged on the merit of his deeds. Whether he will live out the year or not. Whether he will […]

The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Of paramount importance is that both the king and his people realize that while he is the leader, he is still a subject of God.

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

When a person feels he can control the destiny of other people, he runs the risk of feeling self-important, significant, and mighty.

Needless to say, it was done and they formed a great relationship as his friend and mentor. He started attending services and volunteered his time all along putting on tefillin.

He took me to a room filled with computer equipment and said, “You pray here for as long as you want.” I couldn’t believe my ears.

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

If there is a mitzvas minuy dayanim in the Diaspora, then why is there a difference between Israel and the Diaspora in the number of judges and their distribution?

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

Business-Halacha-logo

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

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

Scan this QR code to visit this page online: