Sunday, July 19, 2026

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


---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, Jul 19, 2026, 2:00 PM
Subject: WEEK TWO: Hilchos Oness and Modaa - The laws of Duress
To: <agentemes4@gmail.com>


Week 2 Focus:

הלכות מודעה

  • FACING UP TO COERCION 
  • ISSUING A MODAAH 
  • KNOWLEDGE OF THE ONESS BY THE BAIS DIN
  • OPTIONS FOR MODAAH WITHOUT KNOWLEDGE OF 

THE ONESS

  • PARTIAL MODAAH

Introduction

A modaah is a declaration used to invalidate a future transaction performed under duress. For a sale, the witnesses must have firsthand knowledge of the coercive circumstances. For a gift, it suffices that the giver claims to be giving it under duress. 

Points to Ponder

• Why does halacha require witnesses to verify duress for a sale personally but not for a gift?

• If the witnesses do not have firsthand knowledge of the duress, can they write a conditional modaah – “The seller claims to be under duress…”?

• Is an agreement to compromise akin to a gift or a sale?

• If a seller was coerced into selling his item for less than the market value, is it still considered a forced sale, or is it considered a coerced gift?

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