Presented By Rav Shmuel Binyomin Honigwachs
Answer: An agreement validation's purpose is to uphold the intent of the contract, and make sure it is not undermined.
The validation clause has kabbalas da'as yachid (acceptance of a minority opinion), which allows one to override a muchzak, as long as there is a minority opinion that would uphold the intent. It also overrides moda'ah (a claim that one signed under duress), and asmachta (a claim that I never actually thought this would happen). We use agreement validation to try to override these kinds of technicalities.
However, Bais Din still needs to discuss the following 2 things: - While agreement validation is meant to carry out the intent of the contract, Bais Din needs to figure out what, according to Halacha, the intent of the contract actually is.
- When something is either physically impossible or according to normative halacha impossible to do, according to some opinions this cannot be overridden through Kabbalas daas yachid. For example, one cannot sell something that is davar shelo ba loalam (something that is not in existence yet), or ein bo mamash (something that has no physical element like a patent).
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