Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Beth Din of Benghazi, 1930

Ketubot 93: Curse of מי שפרע

jyungar October 7, 2022

For the source text click/tap here: Ketubot 93

To download, click/tap here: PDF

Tosafos on our Gemara teaches that the issue of mi sheparah, a curse pronounced on a person who backs out on a deal after money was paid but the buyer did not yet take the property into his domain, applies to the purchase of land the same as it applies to the purchase of movable merchandise. Therefore, if the buyer backs out of the sale because of mere rumors he is subject to the curse since he is not authorized to back out of the agreement. 

On the other hand, if there was a well-founded claim to the land from the protesters the buyer is within his right to reverse the sale and will thus not be subject to the curse. 

We examine the notion of Beis Din cursing and the limits of Halachah and coercion. Yishai Kiel reviews how Applying Moral Standards in the Sphere of Private Law in the Jewish Babylonian, East Syrian Christian, and Iranian Legal Traditions reveals the moral limits to galactic decision making.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​