Fwd: WEEK ONE: Hilchos Oness and Modaa - The laws of Duress

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From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, Jul 12, 2026, 8:01 AM
Subject: WEEK ONE: Hilchos Oness and Modaa - The laws of Duress
To: <agentemes4@gmail.com>

ACCEPTING AN AGREEMENT UNDER DURESS IS A F ORCED S ALE VALID? SIKRIKIN A FORCED ACCEPTANCE OF OBLIGATION

Week 1 Focus: מקח ומתנה באונס ACCEPTING AN AGREEMENT UNDER DURESS IS A F ORCED S ALE VALID? SIKRIKIN A FORCED ACCEPTANCE OF OBLIGATION

Introduction

The Gemara tells us that a sale performed under duress is valid and cannot be retracted, because we assume that, given the duress plus the fact that he is getting paid, the victim has consented to the sale. On the other hand, a gift given under duress is entirely invalid.

Points to Ponder

• Why does receiving payment create halachic consent in a sale, yet the same logic does not validate a gift given under pressure? • How do we reconcile situations where a seller verbally agrees (“rotzeh ani”) but is clearly acting under coercion—what does consent truly mean in halacha? • Is a forced commitment (hischayvus) binding in the same way as a forced sale? • How does halacha view a coerced sale in reverse – when a seller coerces a buyer to purchase his goods?

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