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הלכות אונס ומודעה

חלק א

Sales and Gifts Under Duress

מקח ומתנה באונס

Begins February 4, 2029 · provisional

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  • Marei Mekomos

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Business Halacha Daily

Is a Forced Sale Valid ?

A fellow owns a house in a popular location. He is getting many offers to buy the house but he is not interested in moving. One day, someone walks over to him, pulls out a gun, and says, “Your house is worth $1 million. I am buying it right now.” Is this sale valid?

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If Someone Takes His Friend’s Item Without Consent and Pays for It, Is the Sale Valid? 

A fellow walks into someone’s house, picks up an item that he wants, puts money on the table, and says, “I’m buying this item whether you like it or not.” Is this a valid sale?

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Can Someone Force a Sale on a Mashkon That Is In His Possession?

Reuven asks his associate, Shimon, for a loan of $100k. Shimon only agrees to give the loan if Reuven signs over to him the deed of a property worth $500k that will serve as collateral until the loan is repaid. Reuven agrees to these terms. After a while, Shimon decides that he wants to purchase this property. He tells Reuven that he has two choices – either he legitimately sells him the property for its value, or he will keep it for himself without paying, as the deed has already been signed over to him in any case. Left with no other option, Reuven agrees to sell the property to Shimon. Sometime later, Reuven finds a shtar in which Shimon acknowledges that the property was originally given to him as a mashkon . Can he now use this proof to invalidate the sale?

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Is a Forced Settlement of 50 cents on the Dollar Valid? 

I did a lot of business with someone and that person now owes me $100k. When I came to collect, he told me that he is only offering fifty cents on the dollar. He said that if I don’t accept that, he won’t pay anything at all. Is he a gazlan ?

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