Third-Party Standing to Void a Conditional Sale After Ones

Date: Erev Rosh Chodesh Elul 5573

From: Rabbi Moshe Sofer

To: Rabbi Tzvi Avigdor

Description

Levi, who provided bills of exchange as payment for his brother-in-law Shimon's house purchase, sought to void the sale and reclaim his bills after the seller Reuven failed to formally deliver the government authorization within the six-week deadline due to Shimon's absence. The Chasam Sofer rules that Levi has no legal standing whatsoever, as the conditions were made solely between Reuven and Shimon, and Levi's unexpressed reliance on those conditions constitutes legally meaningless devarim shebalev. Moreover, ones rachmana patrei applies to excuse Reuven, and delivery to a beis din would not have constituted valid delivery in any case.

Source: Shu"t Chasam Sofer CM §10

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