Have You Actually Decided?

About This Talk

Mechirah 10 to 12 ask whether a person truly decided. Chapter 10: one who compels a colleague to sell and take the money, even by hanging him, makes a binding purchase of land or movables, since a compelled seller decides; but a protest made beforehand to two witnesses who know of the compulsion voids the sale even years later, and a written protest must state that the witnesses know he acted under compulsion; for a gift or the waiver of a debt, a protest voids the transfer even without compulsion; compulsion includes beating, hanging or threats through gentiles or Jews, as in the tenant who threatened to hide the orchard rental contract; an established thief who buys the field he stole acquires nothing even without a protest; the protest witnesses may sign the deed, a declaration of willingness made before the oppressor does not cancel the protest, an admission of payment does not require repayment unless money was counted before witnesses, and witnesses that the seller cancelled his protest void it unless he declared in advance that all such cancellations are coerced. Chapter 11: conditions backed by a kinyan bind, but an asmachta, an if-then promise, transfers nothing even when the condition is met, because the giver never firmly decided; a buyer forfeits security he left if he retracts, but a seller who promised double owes nothing; a note deposited with a third party for nonpayment is not handed over; a condition retroactive to now with a kinyan binds; a stated reason for selling such as travel or drought makes the sale conditional, while unstated intentions are of no consequence; conditions to resell or return at a set time bind; a seller who stipulates when I have money return the land keeps the produce, while a buyer who volunteered that promise may enjoy it; the agent who answered only that the parties were like brother and sister bought nothing; an asmachta confirmed by kinyan in a prominent court with documents deposited binds, except where a river or illness prevented the person; a self-imposed debt binds like a guarantor, while an unlimited undertaking to feed or clothe does not, except a husband's commitment at marriage to support his wife's daughter; and the sages of Spain used a firm debt waived retroactively. Chapter 12: ona'ah is a negative commandment without lashes, owed whether deliberate or not; an exact sixth is returned and the sale stands, less is waived, more voids the sale at the wronged party's option, and a perutah is not returned; the buyer may claim only until he can show the item to a merchant or relative, the seller until he sees a comparable sale, or for a standard commodity only the time to check prices, and waives if he knew and was silent; merchants and coins are covered, a gold dinar worth 24 silver exchanged for 20 or 28 is corrected, coins may be returned in a city within the time to reach a money changer and in a village until the end of the week, books, gems and pearls until an expert is found, and a recognizable short sela even after twelve months; when prices move after an overcharge of more than a sixth, only the wronged party may retract, since a sinner should not be rewarded, while after an exact sixth the sale was complete and only the difference is returned.