Thursday, November 21, 2013

A prohibited transaction


A transaction which violates a halachah, such as sale of a Torah scroll for something of lesser sanctity, is still valid. However, it is possible to suggest that where a party to the sale did not know he was breaking the law, he could claim that this was a sale made under a false impression - מקח טעות - and therefore not bringing.

(Pitchei Choshen Kinyanim 1:25-26 and footnote 48)

Have a great day,

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