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

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From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Mon, Jul 27, 2026, 1:15 PM
Subject: WEEK THREE: Hilchos Oness and Modaa - The laws of Duress
To: <agentemes4@gmail.com>

WHAT IS “FORCE”? THE DIFFERENCE BETWEEN A MECHIRA AND MATANAH THREAT OF A SECULAR LAWSUIT MODAAH ON A SETTLEMENT: BITUL MODAAH A FINAL SETTLEMENT

Week 3 Focus: איזהו אונס WHAT IS “FORCE”?  THE DIFFERENCE BETWEEN A MECHIRA AND MATANAH THREAT OF A SECULAR LAWSUIT MODAAH ON A SETTLEMENT  BITUL MODAAH A FINAL SETTLEMENT

Introduction

A modaah to invalidate a transaction may itself be invalid if the duress is not substantial. If it is an empty threat or if the duress is self-imposed, the transaction will be valid. Also, a bittul modaah, a declaration nullifying any previous modaah, will sometimes be effective to validate the transaction despite a former modaah.

Points to Ponder

• What types of threats or pressure qualify as halachic duress? Is a threat of financial loss or psychological intimidation considered duress? • Should the threat of secular litigation be treated as genuine duress, since he may not follow through, and he may lose even if he does? • When someone acts under self-created pressure (oness d’nafshai), is that the same as external coercion? • When and how can a modaah be overridden? What if someone is coerced to override their own modaah?

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