YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
- Family and Society
- Financial Laws and Tzedaka
- Buying and Selling
Answer: This is a discussion of general principles, which will help you form a direction for action. We will not make a ruling because: We did not hear the other side, the case and the topic are complex and unclear according to your presentation, and you ask about doing the right thing, which includes subjectivity.
On the one hand, one violates lo tachmod when he pressures an owner who does not want to sell an object until he relents (Rambam, Gezeila 1:9). The means of pressuring found in classical sources are not exhaustive, and your actions should qualify.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
429 - Salad at Meat and Milk Meals
430 - Pressure to Include Second Storage Room
431 - Geniza for Parts of a Pasuk
Load More
If Shimon’s initial refusal to include the storage room was just a matter of finances, (i.e., why should he give it for free?), then your pressure was in effect to lower the price, not to receive something that should have been off limits. Pestering someone who is happy to sell in order to get a good price does not violate lo tachmod. This is all the more so regarding a storage room in the building, which is often sold along with the apartment, so that your raising your desire is not pestering.
However, there is another problem to consider. If one gives his word to do a transaction, without making a kinyan or money being paid, while there are no steps to enforce the word given, it is considered halachically immoral (mechusarei amana) for either side to back out (Shulchan Aruch, Choshen Mishpat 204:7). The Shulchan Aruch (ibid. 7) limits the parallel (and more severe) censure for backing out of a deal after money was paid (mi shepara) to cases where the price was already set. The Pitchei Choshen (Kinyanim 1:(4)) posits that mechusarei amana is also limited to cases with set prices and adds that it excludes cases in which "even one detail is not agreed upon." You could take that position and argue that you had details that were not worked out, and perhaps you are right. However, this position is strong only if the open details were potential deal-breakers. Also, not hashing out those details promptly when you knew that Shimon was counting on the sale and needed it soon is a moral issue. If you could not back out, then you should not receive benefits (i.e., the room) for threatening to do so.
If the only issue is morality and not legality and Shimon is not suing, the present moral decision is yours. We perceive, based on your account, that the process was not "glatt" for one or more reasons. Therefore we recommend you reach some sort of real compromise so that you go into your house with a clear conscience and on good terms with the seller (both valuable things).
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
