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.
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). A person can be concerned that the contract he is trying to execute won't work because of asmachta, moda'ah, davar shelo ba laolam, and ein bo mamash. We use agreement validation to try to override this.
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 the intent of the contract actually is.
- When something is either physically impossible or according to normative halacha impossible to do.
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