Responsa for Makkot 6:8
והא איתמר האומר לחבירו על מנת שאין לך עלי אונאה רב אומר יש לו עליו אונאה ושמואל אומר אין לו עליו אונאה
Has it not been said, he says to his fellow, [I will lend] on condition that you have no refund of a fraud. Rav says, he does have a refund and Shmuel says he doesn't have a refund.
Teshuvot Maharam
Q. In the controversy between Rav and Samuel (B. M. 51a) regarding a person who concluded a sale on the condition that there be no claim of redress for overreaching, whose opinion prevails?
A. The opinion of Rav is accepted by all authorities. Notwithstanding the agreement to the contrary, a claim of redress for overreaching would be upheld.
SOURCES: P. 50.
A. The opinion of Rav is accepted by all authorities. Notwithstanding the agreement to the contrary, a claim of redress for overreaching would be upheld.
SOURCES: P. 50.
Ask RabbiBookmarkShareCopy