THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XIII Shemos TRANSGRESSIONS IN TRANSACTIONS Is a sale made via an issur still considered a valid sale? By Rabbi Shlomo Cohen, Dayan in Beis Din Ahavas Sholom in Yerushalyim, and Author of the book, Pure Money.

Buying and Selling on Shabbat The Mishna in Bava Kama, daf 70, discusses a person who stole an item and then sold the stolen property on Shabbat. Despite the fact that it’s ossur to buy and sell on Shabbat, it is considered a valid sale, and the thief has to repay daled v'hey. The sale cannot be nullified by the fact that one did an issur by making the sale on Shabbat, and the chiyuv of daled v’hey applies. Based on this Mishnah; the Shulchan Aruch paskens in Siman Resh Lamed Hey and in Siman Resh Ches, that a transaction which was made b'issur is still valid. The Shach explains that even if the kinyan was made through an issur d'oraisa, the sale is valid. For example, transferring on Shabbat from a Rshut Harabbim to a Rshut Hayachid, or from a Rshut Hayachid to a Rshut Harabbim. Or if someone made a transaction involving ribbis, charging interest, the transaction is valid. You do not have to pay the interest, because that is an issur, but the transaction is binding.