Take the 2-minute tour ×
Mi Yodeya is a question and answer site for those who base their lives on Jewish law and tradition and anyone interested in learning more. It's 100% free, no registration required.

If I sell someone an item (e.g. an orange), and I attach a condition (e.g. "you may not make orange juice"), is it successfully binding? What happens if that someone does violate the condition (e.g. makes orange juice)?

share|improve this question
add comment

2 Answers

up vote 3 down vote accepted

The concept is the subject of interesting debate between the authorities, particularly nowadays in the realm of intellectual property. There's a good writeup of some important sources on pages 19-24 of this YU Shavuot-To-Go packet by R' Josh Flug.

share|improve this answer
add comment

On the first day of Sukkot, if you find a Jew that doesn't have the four species, the solution is to give yours on condition that he returns it after he fulfills the mitsva. If he doesn't intend to do that, the kinian he did in first place is not valid.

share|improve this answer
    
If he doesn't intend to, or if he doesn't do so? Source, please. –  msh210 Feb 8 '11 at 20:04
    
Don't see how it connects to my case: A) it's not a sale B) the condition is about the sale (not something you can/cannot do afterwords)... –  yydl Feb 8 '11 at 23:50
1  
@yydl, the condition is about something he must do afterward: return the item. It's much like the orange-juice case, where the condition is about he must not do afterward: make juice. –  msh210 Oct 10 '11 at 6:08
add comment

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.