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Lo Tachmod: Difference between revisions
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# One who pressures another person to sell him something that he didn't want to sell, is in violation of lo tachmod.<Ref>Shulchan Aruch 359:9 writes that such a person is disqualified from testifying on a rabbinic level. Sma 13 writes that although you are only disqualified on a rabbinic level, you have still violated the Torah prohibition of Lo Tachmod.</ref> | # One who pressures another person to sell him something that he didn't want to sell, is in violation of lo tachmod.<Ref>Shulchan Aruch 359:9 writes that such a person is disqualified from testifying on a rabbinic level. Sma 13 writes that although you are only disqualified on a rabbinic level, you have still violated the Torah prohibition of Lo Tachmod.</ref> | ||
# Pressuring somebody to give you money doesn't technically qualify as lo tachmod.<Ref>Halachos of Other People's Money pg. 72 note 198 based on Rav Yerucham Fishel Perlow in his commentary to the Sefer Hamitzvot of Rasag (pg. 337) and Rav Yisrael Yaakov Fisher (Even Yisrael 8:105: "Kol Zeh"), Rav Zalman Nechemia Goldberg (Kovetz Beit Aharon ViYisrael Year 14: Gilyon 4</ref> | # Pressuring somebody to give you money doesn't technically qualify as lo tachmod.<Ref>Halachos of Other People's Money pg. 72 note 198 based on Rav Yerucham Fishel Perlow in his commentary to the Sefer Hamitzvot of Rasag (pg. 337) and Rav Yisrael Yaakov Fisher (Even Yisrael 8:105: "Kol Zeh"), Rav Zalman Nechemia Goldberg (Kovetz Beit Aharon ViYisrael Year 14: Gilyon 4</ref> | ||
# These prohibitions (Lo tachmod and lo titaveh) do not technically apply to acquiring property from a non-Jew. Nevertheless, one must be careful in his interactions with a non-Jew to conduct his business fairly and pleasantly.<ref>Halachos of Other People's Money pg. 74</ref> | |||
===Pressuring Someone into Giving a Gift=== | |||
# Pressuring someone into giving you an item that he does not wish to give you is, according to many poskim, a violation of lo tachmod.<ref> Halachos of Other People's Money pg. 73 based on Shaare Teshuva of Rabbenu Yonah 3:43, Sefer Hamitzvot Hakatzar of the Chafetz Chaim Lo Taaseh 40. see also Shu"t Bitzel Hachochma 3:43 who quotes opinions on both sides.<br> | |||
Sefer Hamitzvot Hakatzar of the Chafetz Chaim Lo Taaseh 40 gives the example of a chattan who pressures his prospective father-in-law to give him something that wasn't initially included in their agreement, the tenaim. </ref> | |||
==General Guidelines== | |||
# One may ask the owner of an item if he would consider selling it and that is not considered pressuring him. However, once he refuses, it would be problematic to harass him with comments such as, "why don't you sell it to us," or "be a sport," "please change your mind," or the like.<ref> Halachos of Other People's Money pg. 74. see however Shaare Teshuva of Rabbenu Yonah 3:43 who warns that if you are a distinguished person who the owner cannot refuse, you shouldn't even ask unless you are certain that he would be selling it to you wholeheartedly. </ref> | |||
# If the owner expressed no interest in selling, one would not be allowed to raise the offer. But if he indicated that he would consider selling at a higher price or that he would reconsider, it would be permissible to approach him again.<ref>Halachos of Other People's Money pg. 74-75 in the name of Rav Elyashiv</ref> | |||
# One is permitted to show the owner why it would be in the owner's best interest to sell, provided that it actually would be in his best interest.<Ref>Halachos of Other People's Money pg. 75</ref> | |||
# One may not send a distinguished person to convince the owner to sell, because the owner might not feel comfortable saying no<ref>Halachos of Other People's Money pg. 75</ref> | |||
==Definition of Lo Titaveh== | ==Definition of Lo Titaveh== | ||
