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Unfair Competition: Difference between revisions
From Halachipedia
→=At What Point Is It Forbidden to Interfere?
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# If he can't find the same deal somewhere else some hold that he could try to supersede the first person to buy the item first,<ref>Rama CM 237:1</ref> while some forbid this.<ref>Shach 237:3 argues on the Rama based on the Ramban. Avnei Nezer CM 17 sides with the Rama, while the Aruch Hashulchan 237:1 accepts the Shach.</ref> | # If he can't find the same deal somewhere else some hold that he could try to supersede the first person to buy the item first,<ref>Rama CM 237:1</ref> while some forbid this.<ref>Shach 237:3 argues on the Rama based on the Ramban. Avnei Nezer CM 17 sides with the Rama, while the Aruch Hashulchan 237:1 accepts the Shach.</ref> | ||
# If a person finds a good piece of real estate and someone else was already engaged to buy it there is a dispute whether it is right to try to acquire it first.<ref>Pitchei Choshen Geniva 9 fnt. 36 writes that it is unclear if a person in real estate finds a house on sale and it seems that it is a good deal and it is a big effort to find something similar whether he can supersede someone who already is going for it. He writes that it seems to be a dispute between the Maharshal and Sharit Yosef but he doesn't offer a resolution.</ref> | # If a person finds a good piece of real estate and someone else was already engaged to buy it there is a dispute whether it is right to try to acquire it first.<ref>Pitchei Choshen Geniva 9 fnt. 36 writes that it is unclear if a person in real estate finds a house on sale and it seems that it is a good deal and it is a big effort to find something similar whether he can supersede someone who already is going for it. He writes that it seems to be a dispute between the Maharshal and Sharit Yosef but he doesn't offer a resolution.</ref> | ||
===At What Point Is It Forbidden to Interfere?== | ===At What Point Is It Forbidden to Interfere?=== | ||
# Before the parties agreed upon a price it is permitted for someone else to interfere to acquire the deal.<ref>Mordechai Bava Batra 551 writes that there isn't an issue with the second interfering with the first until the first buyer and seller agreed upon a price. Rama 237:1 codifies this.</ref> Some say that the second person doesn't interfere even before the first buyer and seller agreed upon a price. <Ref>Prisha 237:1 writes that even if the first buyer and seller didn't agree on a price but would have agreed had they been left to work it out themselves the second person shouldn't interfere. Aruch Hashulchan 237:1 and Pitchei Choshen Geneva 9:16 cite the Prisha.</ref> | # Before the parties agreed upon a price it is permitted for someone else to interfere to acquire the deal.<ref>Mordechai Bava Batra 551 writes that there isn't an issue with the second interfering with the first until the first buyer and seller agreed upon a price. Rama 237:1 codifies this.</ref> Some say that the second person doesn't interfere even before the first buyer and seller agreed upon a price. <Ref>Prisha 237:1 writes that even if the first buyer and seller didn't agree on a price but would have agreed had they been left to work it out themselves the second person shouldn't interfere. Aruch Hashulchan 237:1 and Pitchei Choshen Geneva 9:16 cite the Prisha.</ref> | ||
# If the buyer left because they couldn't agree on a price the second buyer can interfere.<ref>Perisha 237:1</ref> | # If the buyer left because they couldn't agree on a price the second buyer can interfere.<ref>Perisha 237:1</ref> | ||
# It is a pious practice for a second person never to interfere with an original buyer even if it technically isn't ''Ani Hamehapech Bcharara''.<ref>Pitchei Choshen Geneva 9:16/ref> | # It is a pious practice for a second person never to interfere with an original buyer even if it technically isn't ''Ani Hamehapech Bcharara''.<ref>Pitchei Choshen Geneva 9:16</ref> | ||
===Stealing Someone Else's Free Item=== | ===Stealing Someone Else's Free Item=== | ||
