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It says in SA OC Siman 497 Sif 17 that one may sell to a gentile on Yom Tov a treif animal (i.e. after this animal was slaughtered on Yom Tov permissibly it was found to be treif, non-kosher). The SA says this may be sold to a gentile in the same way that one may "sell" to a Jew on Yom Tov, meaning to say without weighing things or mentioning the price. The SA ends off, however, that if you do not trust the gentile then you may take a mashkon (collateral), seemingly in order to assure that the gentile comes to back back after Yom Tov. Is this same true by a Jew? If one is selling things to a Jew on Yom Tov in a way that is permitted (i.e. without weighing or mentioning a price) but is concerned that this particular Jew might not pay him after Yom Tov, may a mashkon be taken?

  • This is a fascinating question. – A Blue Thread Mar 25 '13 at 21:07
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In Shulchan Aruch Horav 307,20 he says that if he does not trust the other Yid (Jew), the other Yid leaves a Mashkon without explicitly saying that it is a Mashkon.

  • Is this to imply that it is okay to sell on Shabbat (or any day marked a sabbath) as long as the actual payment is done after Shabbat? Just trying to understand the context. Thank you. – A Blue Thread Mar 25 '13 at 21:08
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    Buying & selling is not allowed on Shabbos & Yom Tov, the issue is when, for example, someone needs a bottle of milk and he goes to his neighbor to "borrow" a bottle of milk, neither could mention how much the milk cost but it's self understood that the borrower will pay for the milk after Shabbos. But let's say he doesn't trust his neighbor to pay back then the neighbor puts down a Mashkon (without saying 'it's a Mashkon' and his neighbor gives him the milk. – Meir Zirkind Mar 28 '13 at 1:56

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