Retraction of Sale of Silver Utensils After Seller Inherits Intended Purchase

From: Rabbi Moshe Sofer

To: Rabbi Getz

Description

A seller who sold silver utensils in order to buy a distilling pot, but then inherited one before meshichah was performed, may retract the sale. Since no meshichah occurred, retraction is legally permitted under CM 198; the changed circumstances exempt him from the mi sheparah sanction under CM 204; and as the muchzak he may rely on the Mechaber's view in CM 207 that umdana applies to movables, invoking kim li against the Rema who limits umdana to real estate.

Source: Shu"t Chasam Sofer CM §102

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