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Answer: Before we get to the excellent conceptual question, we must briefly raise some points that can, under certain circumstances, make the question moot in this scenario.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
385 - Electronic Communication before Davening
386 - Buying a House with a Hidden Treasure
387 - Missing a Key Word from Al Hamichya
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Secondly, it is far from clear that Reuven owns the gold coins. If he does not know about them, he apparently did not put them there. Whoever did, or his inheritor, is likely still the owner, and Shimon might have to return them, not keep them. Even if the money became ownerless, if it is hidden in a manner that Reuven was likely to never find it, he did not acquire the treasure with the house. Thus, Shimon is like one who knows where an ancient treasure is found and waits for others to leave the area and then digs it up. He would not be taking Reuven’s coins. See further details and sources in Living the Halachic Process, III, I-16.
So, we will present the fundamental question with a different scenario. A petroleum exploration company discovered vast deposits in a certain region and sent people to secretly buy up as much land as possible from unknowing sellers.
There are generally two grounds to void a sale after the fact. 1. Mekach ta’ut – the object was flawed in such a way that we can assume that the buyer would not have agreed to the purchase had he known. 2. Ona’ah (mispricing) – while the sides would have agreed to the sale, the price was far enough from the going rate to make it grossly unfair to one side.
The gemara (Ketubot 97a) tells of people who sold real estate to buy grain during a famine, without knowing that a large shipment was about to arrive. Rav Nachman said that they could back out of the sales because it was based on a mistake about grain’s availability. Kinyan Torah Bahalacha (I:14) applies this concept to a case of one who sold land that had been slated for agriculture when a governmental decision to allow home building had been made but not publicized. He says that if the seller would not have sold it had he known, he can back out. If he would have sold it anyway but at a much higher price, then we get into the issue that the laws of ona’ah do not generally apply to real estate (Shulchan Aruch, Choshen Mishpat 227:29). On the other hand, the Rama (ad loc.) states that if the price was double (or half) of the going rate, the laws do apply. Also, according to most poskim, although the laws of ona’ah (returning money, nulling sales) do not apply to real estate, there is still a prohibition to buy or sell at an unfair price (R. Akiva Eiger ad loc. based on Ramban; S’ma 227:51).
Certain poskim raise other distinctions. The general rule is that proper pricing follows what is prevalent at the time and place involved (see Pitchei Choshen, Ona’ah 11:7). The Imrei Yosher (II, 155) says that if information changes the price, it depends if it is known to a majority of the population. Also, the gemara (ibid.) indicates that there is a difference between a situation that is about to be revealed and one that may remain unknown for an indefinite amount of time. The Kesef Hakodashim (CM 227:(9)) posits that even when a situation is about to be known, that only makes a difference when the issue is lack of interest in the transaction had the information been known. If, though, it is about price propriety, the going rate at that time/place based on the publicly available information is the determinant.
Bemare Habazak - Rabbis Questions Ask the Rabbi: Forgot to Remove Tefillin Before Musaf of Rosh Chodesh
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
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Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
