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The important priest passed away and left a treasure in the basement of the house - voila! Judaism

2023-01-29T11:58:55.137Z


Should the brothers accept the neighbor's first and lowest price offer for their father's treasure just because they agreed in principle to sell it to him?


Wine barrels (Photo: ShutterStock)

Walla!

Judaism in collaboration with the Chabad Halacha Institute in a fascinating weekly section - and this week: Is it permissible for Samson to intervene and offer a higher offer?

And should the brothers accept the first and lowest price offer from the neighbor Gabriel for their father's wine cellar, just because they agreed in principle to sell it to him?



Background

:



In the house of Meir, known to everyone as a general who did not move from the pillars of the Torah, there was an impressive collection of ancient wines.

From the dawn of his youth, still being a boy in his parents' house, he collected different types of wines that can be aged and preserved.

He had a special sense of it.



His collection of wines that had been lying in the cellar of Meir's house for many years grew, which increased the value of the bottles in his possession to an extremely high price.

Meir used to make a record of the wines, where he bought each bottle from and when and how long it was sleeping in his cellar.



And it came to pass today that Meir went to his worldly home, and bequeathed his property to his two sons.

One - Melamed Dardaki in Tel Aviv, and the other - a real estate dealer.

Neither of them had the slightest understanding of the types of wines, and certainly they were not overly interested in this collection, except that they realized that they could make some nice profit from it.



After the oath, Gabriel, a neighbor of their father Meir, approached them.

Hella knew of the existence of the cellar, and offered the brothers a considerable sum in order to receive the cellar for its considerable contents.



The amount that Gabriel offered would not reflect the entire value of the wines in the cellar, and both Gabriel and the brothers knew this;

But with all this, the offer was 'cash in hand and immediately', ie: without them having to bother and deal with selling the wines, etc.



They immediately answered him with joy, but they were told by their father not to rush into action, therefore they promised him to return in two days with a final answer.



In the meantime, Samson, the owner of the wine shop 'Yashen Noshan', found out about this expensive wine cellar.

He knew the value of the wine and also knew how much he could sell it elsewhere at a bargain price.



Halla also approached the brothers, and Halla told him that they were planning to close the deal with Gabriel at the amount he offered.

Samson immediately offered a larger amount than Gabriel offered, because he knew exactly how much he was going to make from it... and finally - the brothers decided that in the evening they would close the contract with him and give him the goods.



When Gabriel arrived two days later at the brothers' house, he was disappointed to see Samson leaving the place, while telling him that he would probably be the one to buy the expensive wines, with a much more generous offer than he (Gabriel) offered.



Gabriel slapped Samson: 'Do you think it's nice that after I talked to them you go and steal the deal from me?

Is it a country road?

Is this allowed according to the Halacha? This was not an auction where whoever bids a high amount takes the deal, but a private deal between me and them!'



Gabriel also turned to the brothers and said to them: Do you not have a word?

After all, you agreed with me, and any delay in your answer was in order not to act rashly, but what they say must be followed, as it is said, 'When you find your lips, keep it and you did it'!



And the question arises

:



after Gabriel closed the details of the sale with the brothers, could Samson intervene and offer a different amount and dissuade the brothers from agreeing in principle to sell the expensive wines to Gabriel?



Brief answer

:



Since the amount offered by Gabriel is significantly lower than the value of the goods - the brothers can accept Samson's offer, but initially it is appropriate for the brothers to keep their first thought and sell to Gabriel.



Answer in detail

:



Two ways must be discussed here: 1. On the part of Gabriel who offered a more profitable offer;

2. On the part of the brothers who tend to accept his offer.

and in advance:



In the Gemara it is told about Rabbi Abba, who preceded Rabbi Gidel in buying land that Rabbi Gidel was already busy buying.

The case came to Rabbi Yitzchak Nafcha's attention, and he asked Rabbi Abba: If a poor man makes a hararah (a flour cake roasted over coals), and someone else comes and takes it from him, what is the judgment?

Rabbi Abba answered: He is called evil.

Rabbi Abba explained to Rabbi Yitzchak that he did not know that Rabbi Gidel had already started buying this land, and now that he knows the background, he agrees to give it to him as a gift but not to sell it to him, because selling the first land is considered a bad sign.

Rabbi Gidel refused to accept a gift, according to the verse in Proverbs "He who hates gifts will live".

Because they both refused to use the land, it remained empty, and was known as "Area Darbanan" (the land of the rabbis).



From this arose the law of the 'poor man of the change in harrah', which is a guiding principle in the halacha which states that when a person begins to acquire some object ("the change of harrah"), even though he has not yet performed the act of ownership in it,



Admittedly, this law does not apply in cases where it is a bargain or a profligate, but despite this, the arbitrators wrote that a man of good will also be strict in not robbing the poor.



It is also stated in the arbitrators that all of the above is only when 'blood has settled', that is: they reached an agreement on the price, but if there was no full agreement on the price, but they had to sit down still and think about it - this is not included in the law of the poor, the reversal is in Harrah and there is no problem for another person to win it.



And here it is, since the brothers told Gabriel that they had to sit down for two days on the matter - a sign that they did not fully agree on the amount and the sale, and therefore there is no problem for Samson to make another offer with a better amount. What's more, some say that if they agreed to a particularly low amount and someone else came and offered a higher amount Makes sense for the goods, so even if the bloods stopped they can go back on them so as not to lose their goods.



But on the part of the brothers themselves - there is the 4th commandment, 'You shall keep your lips and do,' which also speaks of the thought of man that whatever comes into his mind must be carried out, and yet if the brothers agreed in principle even in their hearts to the sale to Gabriel, then despite being told to wait two days for a final answer - They must keep their word and sell to him.



However, it is impossible to obligate them under the law, especially when the amount that Gabriel offered is significantly lower than the price of the goods. It is true that a God -

fearing person must be careful to fulfill even what came to his mind only.

By HOM RLZ SA, and in the same name, Pethai Hoshen Part 5 (Theft and Fraud) Chapter 9 Comment 37, Shu'a Ada'7 Och Kanu 72, and From the Laws of the Pakar and reaching the border sections 11-11.



post Scriptum.

There is no halachic ruling in this section and one should contact the rabbi or the house of instruction in each individual case.

Written by Rabbi Yitzhak Eitan Mizrahi, Chabad Halacha Institute.

David Berger, submitted on behalf of Shuba Israel

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Source: walla

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