16,374
edits
Unfair Competition: Difference between revisions
From Halachipedia
→Ethical Imperative Completing the Deal
| Line 38: | Line 38: | ||
#If someone paid for a movable item and didn't yet take it neither the buyer nor seller should renege on the sale. If they do chazal enacted a particular curse called "mi she'parah" for engaging in such activities.<ref>Shulchan Aruch 204:1</ref> | #If someone paid for a movable item and didn't yet take it neither the buyer nor seller should renege on the sale. If they do chazal enacted a particular curse called "mi she'parah" for engaging in such activities.<ref>Shulchan Aruch 204:1</ref> | ||
#Someone who verbally agreed to a sale but didn't yet pay, it is proper to keep your word.<ref>Shulchan Aruch CM 204:7</ref> | #Someone who verbally agreed to a sale but didn't yet pay, it is proper to keep your word.<ref>Shulchan Aruch CM 204:7</ref> | ||
# If someone agreed upon a price with someone the principle of ''Ani Hamehapech Acharara'' doesn't restrict him from selling it to another buyer. However, it is nonetheless an issue of not keeping your word.<ref>Pitchei Choshen Geneva ch. 9 fnt. 32 citing the Avnei Nezer CM 17 and others that ''Ani Hamehapech Acharara'' applies to buyers and not sellers.</ref> | |||
===Stealing Someone Else's Deal=== | ===Stealing Someone Else's Deal=== | ||
# If someone is making an effort to acquire something there is a principle that a second person shouldn’t come to supersede him to beat him to that acquisition. This principle is called ''Ani Hamehapech Bcharara''.<ref>Kiddushin 59a</ref> Our rabbis explained that anyone who takes the item from the first person is called a wicked person and there is a dispute if the bet din can extract the money from the second person.<ref>Pitchei Choshen Geneva 9:12 cites the Hagahot Maimoniyot as holding that bet din can’t extract the money whereas the Nemukei Yosef holds that the bet din can. It seems that the Maharsham holds that the bet din can’t extract the money.</ref> | # If someone is making an effort to acquire something there is a principle that a second person shouldn’t come to supersede him to beat him to that acquisition. This principle is called ''Ani Hamehapech Bcharara''.<ref>Kiddushin 59a</ref> Our rabbis explained that anyone who takes the item from the first person is called a wicked person and there is a dispute if the bet din can extract the money from the second person.<ref>Pitchei Choshen Geneva 9:12 cites the Hagahot Maimoniyot as holding that bet din can’t extract the money whereas the Nemukei Yosef holds that the bet din can. It seems that the Maharsham holds that the bet din can’t extract the money.</ref> | ||
