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Din & Daf: Forced Transactions (Episode 2)

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

转诇讬讜讛讜 讜讝讘讬谉 (讘讘讗 拽诪讗 住讘.) Forced Transactions in Jewish Law聽

Should a transaction that has been coerced be considered valid by Jewish law? Should the law care about the internal feelings or misgivings of someone who is being forced into making a sale or giving a sacrifice or even giving a writ of divorce? Why or why not?

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Episode 2

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  • 讘讘讗 拽诪讗 住讘.

讗植诪址专 诇值讬讛旨 专址讘 讗址讚旨指讗 讘旨职专值讬讛旨 讚旨职专址讘 讗址讜职讬指讗 诇职专址讘 讗指砖讈值讬: 诪指讛 讘旨值讬谉 讙旨址讝职诇指谉 诇职讞址诪职住指谉? 讗植诪址专 诇值讬讛旨: 讞址诪职住指谉 鈥 讬指讛值讬讘 讚旨职诪值讬, 讙旨址讝职诇指谉 鈥 诇指讗 讬指讛值讬讘 讚旨职诪值讬.聽

Rav Adda, son of Rav Avya, said to Rav Ashi: Concerning two terms used to describe those who take another鈥檚 property against his will, a gazlan and a 岣msan, what is the difference between them? Rav Ashi said to him: A 岣msan gives money for what they take from its owner, albeit against the owner鈥檚 will, whereas a gazlan does not give money.聽

 

讗植诪址专 诇值讬讛旨: 讗执讬 讬指讛值讬讘 讚旨职诪值讬 鈥 讞址诪职住指谉 拽指专值讬转 诇值讬讛旨?! 讜职讛指讗指诪址专 专址讘 讛讜旨谞指讗: 转旨职诇讜旨讛旨 讜职讝址讘旨值讬谉 鈥 讝职讘执讬谞值讬讛旨 讝职讘执讬谞值讬! 诇指讗 拽址砖讈职讬指讗, 讛指讗 讚旨职讗指诪址专 状专讜止爪侄讛 讗植谞执讬状, 讛指讗 讚旨职诇指讗 讗指诪址专 状专讜止爪侄讛 讗植谞执讬状.聽

Rav Adda said to him: If one gives money, do you still call them a 岣msan? Doesn鈥檛 Rav Huna say: If one was strung up so that another could coerce them to sell a certain item, the sale is valid? Rav Ashi answered: This is not difficult: where the seller says, 鈥淚 want to,鈥 the buyer is not a 岣msan, but where the seller does not say this, the buyer is still a 岣msan despite having given money.

 

  • 讜讬拽专讗 讗:讙

讗执诐志注止诇指证讛 拽讎专职讘旨指谞讜止謾 诪执谉志讛址讘旨指拽指謹专 讝指讻指芝专 转旨指诪执謻讬诐 讬址拽职专执讬讘侄謶谞旨讜旨 讗侄诇志驻旨侄譁转址讞 讗止证讛侄诇 诪讜止注值讚謾 讬址拽职专执郑讬讘 讗止转謹讜止 诇执专职爪止谞謻讜止 诇执驻职谞值芝讬 讛’變聽

If one鈥檚 offering is a burnt offering from the herd, one shall make their offering a male without blemish. One shall bring it to the entrance of the Tent of Meeting, for their acceptance before God.

 

  • 住驻专讗, 讜讬拽专讗 讚讘讜专讗 讚谞讚讘讛, 驻专砖讛 讙 讟状讜

…”讬拽专讬讘 讗讜转讜” 鈥 诪诇诪讚 砖讻讜驻讬谉 讗讜转讜; 讬讻讜诇 注诇 讻专讞讜? 转诇诪讜讚 诇讜诪专 “诇专爪讜谞讜”. 讻讬爪讚? 讻讜驻讬谉 讗讜转讜 注讚 砖讬讗诪专 “专讜爪讛 讗谞讬!”

鈥淥ne shall bring it鈥 鈥 teaches that we can coerce the person; possibly against their will? Therefore, the verse follows with 鈥渇or their acceptance鈥 (meaning here, 鈥渂y their own will鈥). How so? We force the person until the person says, 鈥淚 want to (offer this sacrifice).鈥

 

  • 诪砖谞讛 注专讻讬谉 讛:讜

讞址讬旨指讘值讬 注植专指讻执讬诐, 诪职诪址砖讈职讻旨职谞执讬谉 讗讜止转指谉. 讞址讬旨指讘值讬 讞址讟旨指讗讜止转 讜址讗植砖讈指诪讜止转, 讗值讬谉 诪职诪址砖讈职讻旨职谞执讬谉 讗讜止转指谉.聽

With regard to those obligated to pay valuations, the court repossesses their property to pay their debt to the Temple treasury. With regard to those obligated to bring sin offerings and guilt offerings, the court does not repossess their property.聽

(The 讞讟讗转 that a nazir/nezira offers at the end of their nezirut is an exception to this rule, as it does not bring expiation, and the nazir/nezira may return to drinking wine without it.)

 

讞址讬旨指讘值讬 注讜止诇讜止转 讜旨砖讈职诇指诪执讬诐, 诪职诪址砖讈职讻旨职谞执讬谉 讗讜止转指谉聽

But with regard to those obligated to bring burnt offerings and peace offerings, the court repossesses their property.聽

(The 注讜诇讛 that a metzora gives is an exception to this rule, as the 诪爪讜专注.转 needs to give this korban in order to become ritually pure.)

 

讗址祝 注址诇 驻旨执讬 砖讈侄讗值讬谉 诪执转职讻旨址驻旨值专 诇讜止 注址讚 砖讈侄讬旨执转职专址爪旨侄讛, 砖讈侄谞旨侄讗直诪址专 (讜讬拽专讗 讗), 诇执专职爪讜止谞讜止, 讻旨讜止驻执讬谉 讗讜止转讜止 注址讚 砖讈侄讬旨止讗诪址专, 专讜止爪侄讛 讗指谞执讬.

Although does not achieve atonement until one brings the offering of their own volition, as it is stated: 鈥淥ne shall bring it to the entrance of the Tent of Meeting of their volition鈥 (Leviticus 1:3), nevertheless the court coerces the person until they say: I want to do so.聽

 

讜职讻值谉 讗址转旨指讛 讗讜止诪值专 讘旨职讙执讟旨值讬 谞指砖讈执讬诐, 讻旨讜止驻执讬谉 讗讜止转讜止 注址讚 砖讈侄讬旨止讗诪址专, 专讜止爪侄讛 讗指谞执讬:聽

And likewise regarding women鈥檚 bills of divorce. Although one divorces his wife only of his own volition, in any case where the Sages obligated a husband to divorce his wife the court coerces him until he says: I want to do so.

 

  • 讘讘讗 讘转专讗 诪讝:-诪讞.

讗指诪址专 专址讘 讛讜旨谞指讗: 转旨址诇职讬讜旨讛讜旨 讜职讝址讘旨值讬谉 鈥 讝职讘执讬谞值讬讛旨 讝职讘执讬谞值讬. 诪址讗讬 讟址注职诪指讗? 讻旨止诇 讚旨执诪职讝址讘旨值讬谉 讗执讬谞执讬砖讈, 讗执讬 诇指讗讜 讚旨址讗植谞执讬住 鈥 诇指讗 讛植讜指讛 诪职讝址讘旨值讬谉, 讜址讗植驻执讬诇旨讜旨 讛指讻执讬 讝职讘执讬谞值讬讛旨 讝职讘执讬谞值讬. 讜职讚执讬诇职诪指讗 砖讈指讗谞值讬 讗讜旨谞职住指讗 讚职谞址驻职砖讈值讬讛旨 诪值讗讜旨谞职住指讗 讚职讗址讞植专执讬谞值讬!聽

Rav Huna says: If one was suspended, e.g., from a tree, and thereby coerced to sell a certain item, and sold it, their sale is valid. Why? Because one would never sell anything if not for the need for money, and yet the sale is valid. But perhaps duress that results from one鈥檚 own needs is different from duress brought about by another person?!聽

 

讗侄诇旨指讗 讻旨执讚职转址谞职讬指讗: 状讬址拽职专执讬讘 讗止转讜止状 鈥 诪职诇址诪旨值讚 砖讈侄讻旨讜止驻执讬谉 讗讜止转讜止. 讬指讻讜止诇 讘旨职注址诇 讻旨讎专职讞讜止? 转旨址诇职诪讜旨讚 诇讜止诪址专: 状诇执专职爪讜止谞讜止状. 讛指讗 讻旨值讬爪址讚? 讻旨讜止驻执讬谉 讗讜止转讜止 注址讚 砖讈侄讬旨止讗诪址专: 状专讜止爪侄讛 讗植谞执讬状.聽

Rather, the basis for Rav Huna鈥檚 ruling is as it is taught in a baraita: 鈥渙ne shall bring it鈥 (Vayikra/Leviticus 1:3). 鈥淥ne shall bring it鈥 鈥 teaches that we can coerce the person; possibly against their will? Therefore, the verse follows with 鈥渇or their acceptance鈥 (meaning here, 鈥渂y their own will鈥). How so? We force the person until the person says, 鈥淚 want to (offer this sacrifice).鈥

 

讜职讚执诇职诪指讗 砖讈指讗谞值讬 讛指转指诐, 讚旨职谞执讬讞指讗 诇值讬讛旨 讚旨职转执讬讛职讜值讬 诇值讬讛旨 讻旨址驻旨指专指讛! 讜职讗侄诇旨指讗 诪执住旨值讬驻指讗: 讜职讻值谉 讗址转旨指讛 讗讜止诪值专 讘旨职讙执讬讟旨值讬 谞指砖讈执讬诐 鈥 讻旨讜止驻执讬谉 讗讜止转讜止 注址讚 砖讈侄讬旨止讗诪址专: 状专讜止爪侄讛 讗植谞执讬状.

But perhaps there it is different, since one is amenable to achieving atonement. Rather, prove Rav Huna鈥檚 ruling from the latter clause of a mishnah (Arakhin 21a): And similarly you find this law with bills of divorce, that when the court rules that a man must divorce his wife, they coerce him until he says: I want to divorce my wife.

 

讜职讚执诇职诪指讗 砖讈指讗谞值讬 讛指转指诐, 讚旨职诪执爪职讜指讛 诇执砖讈职诪讜止注址 讚旨执讘职专值讬 讞植讻指诪执讬诐! 讗侄诇旨指讗 住职讘指专指讗 讛讜旨讗 鈥 讗址讙旨址讘 讗讜旨谞职住值讬讛旨 讙旨指诪址专 讜旨诪址拽职谞值讛

But perhaps there it is different, because it is a mitzvah to listen to the statement of the Sages. Rather, (Rav Huna鈥檚 ruling) is based on logical reasoning: By means of being coerced, the seller willingly decides to sell the field and transfers it.

 

  • 专砖讘”诐 讘讘讗 讘转专讗 诪讞.

讗诇讗 – 专讘 讛讜谞讗 诪住讘专讗 讚讬讚讬讛 拽讗诪专 讚诪转讜讱 讬住讜专讬诐 讙诪专 讘诇讘讜 讜诪拽谞讬 讛讜讗讬诇 讜讗讬讻讗 转专转讬 讬住讜专讬诐 讜诪转谉 诪注讜转 讚诇讗 诪驻住讬讚 诪讬讚讬:

Rather 鈥 Rav Huna said this of his own logic: that because of the pain, he had conviction in his heart and transferred the item. Because there are two factors 鈥 pain and the giving of money, so that the seller does not lose anything.

 

Dr.聽Elana聽Stein Hain聽is the Rosh Beit Midrash and a senior research fellow at the Shalom Hartman Institute of North America. Passionate about bringing Torah into conversation with contemporary life, she teaches聽Talmud from the Balcony, an occasional learning seminar exposing the big ideas, questions, and issues motivating Talmudic discussions; she authored Circumventing the Law: Rabbinic Perspectives on Legal Loopholes and Integrity聽(pre-order discount code: PENN-ESHAIN30)聽which uses halakhic loopholes as a lens for understanding rabbinic views on law and ethics; and she co-hosts聽For Heaven鈥檚 Sake, a bi-weekly podcast with Donniel Hartman and Yossi Klein Halevi, exploring contemporary issues related to Israel and the Jewish world. In mid-January,聽Elana聽will be starting a new podcast called TEXTing, where she and guest scholars study Torah texts that engage issues of the moment for the Jewish world. She lives in Manhattan with her beloved family.

 

 

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Dr. Elana Stein Hain

Dr. Elana Stein Hain is the Rosh Beit Midrash and a senior research fellow at the Shalom Hartman Institute of North America. Passionate about bringing Torah into conversation with contemporary life, she teaches Talmud from the Balcony, an occasional learning seminar exposing the big ideas, questions, and issues motivating talmudic discussions; she authored Circumventing the Law: Rabbinic Perspectives on Legal Loopholes and Integrity (pre-order discount code: PENN-ESHAIN30) which uses halakhic loopholes as a lens for understanding rabbinic views on law and ethics; and she co-hosts For Heaven鈥檚 Sake, a bi-weekly podcast with Donniel Hartman and Yossi Klein Halevi, exploring contemporary issues related to Israel and the Jewish world. In mid-January, Elana will be starting a new podcast called TEXTing, where she and guest scholars study Torah texts that engage issues of the moment for the Jewish world. She lives in Manhattan with her beloved family.
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