[Avodah] prozbul & heter iska (Michael Makovi)

[Micha Berger]

On Thu, May 29, 2008 at 03:05:27PM -0400, Zev Sero wrote:
:>When does a haaramah turn into an asmachta? It's kind of hard to believe
:>that someone who does such a sale of his chameitz year after year really
:>thinks he sold anything. Why is the qinyan valid?
: 
: How about Devarim Shebelev Einam Devarim.  When you make a kinyan with
: sudar, kesef, shtar, and tekiat kaf (the sale I observed this year used
: all four), it's hard to say "I didn't mean it"; if you appoint a shliach,
: and he does all that, and then you say "I didn't mean to appoint him,
: I didn't think he would really sell it", perhaps you'd have a taanah,
: except what is the poor customer to do?  He bought it in good faith, and
: at the very least takanat hashuk should cut in his favour.

But isn't that true of any asmachta?

E.g. the Lieberman clause was deemed an asmachta, and would invalidate
the kesubah. (The Lieberman clause was [R] Saul Lieberman's attempt to
prevent agunos, currently used by many C wedding officiators.) This,
despite bothering to have a shetar and have it read in public to a couple
of hundred of your closest frients.

Is an asmachta limited to places where the person actively shows that
he didn't mean the deal? And if so, can someone give an example and
show how it is distinguished from selling the chameitz on Pesach? IOW,
what act forces dismissing the qinyan rather than dismissing the plain
meaning of the act itself?

:-)BBii!
-Micha

-- 
Micha Berger             Today is the 40th day, which is
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