BAIS HAVAAD ON THE PARSHA 5773 ~ PARSHAS VAYEITZEI ~Asmachta & Contracts

The Torah relates the deal that Yaakov Avinu made with Lavan regarding watching his sheep. Yaakov Avinu agreed to guard Lavan's sheep on condition that he be rewarded with all the speckled, spotted, and brownish newborn sheep. It is asked how such a deal could be valid since, according to halacha, it constitutes an asmachta (inadmissible conditions) which invalidates the deal. One possible answer is that according to many Achronim, (see Magen Avrohom 441;2, and Shu"t Chasam Sofer 66:3) when a non-Jew makes a condition it is always valid and is not subject to the rules of asmachta. Here, Lavan was a non-Jew, and therefore his agreement with Yaakov Avinu was valid, even if it did include an asmachta-type condition. (AUDIO VERSION HERE) PRINT VERSION HERE