For the source text click/tap here: Makkot 3
To download, click/tap here: PDF
Can a person make a condition that negates a Torah obligation?
One example that is brought by our dad is the case of ona’a (exploitative business practices).
According to the Torah (Lev 25:14, 17) business transactions must be fair and one side cannot take advantage of another. Thus, overcharging or underpaying is forbidden by the Torah, and the forbidden profits will need to be returned, or the transaction voided. What would be the halakha if someone said to his friend “I am selling this to you on the condition that the rule forbidding ona’a does not apply”?
Here we find a disagreement between Shmuel who permits such a condition, permitting the sale and Rav who insists that ona’a still applies.
We explore such situations.