SHIMON WAS LOOKING TO RENT HIS PLACE OUT-
REUBEN CAME SAID O.K I WILL TAKE IT -BUT ASKED COULD I GET 30DAYS FREE TO FIX IT UP SHIMON SAID 1DAY NO MORE
SO REUBEN SAID GIVE ME 1 DAY TO ASK MY PARTNER -SHIMON SAID FINE AND YOU WILL HAVE 1 DAY TO DECIDE AND YOUR FIRST ON MY LIST--AND THEY SHOOK ON IT.
THE SAME NIGHT LEVI )WHO WAS ASKED 1 DAY BEFORE IF WANTED IT AND SAID NO-BUT WHEN FOUND OUT REUBEN WANTED HE DECIDED HE NOW WANTED IT)AND SHIMON TALKED AND SHIMON SAID HE WOULD GIVE PLACE TO LEVI
DOES REUBEN HAVETO SHIMON AND RECOURSE BEING HE WAS PROMISED THE PLACE IF AGREED TO TERMS AND THEY SHOOK HANDS ON IT
RUBIO, SOUTH PALINFIELD NEW JERSEY
Whenever final terms were agreed upon and a price settled upon, there is a responsibilty to uphold one's word. The Rabbis derive from the verse "Hin Tzedek" that one must uphold one's word (Bava Metzia 49a) in such cases. However, this is no more than a personal obligation of the party who gave his word. If he chooses to renege, although he has transgressed the Torah's teaching, the other party has no monetary claim against him.
Be aware, however, that in a society where it is customary to finalize deals with a handshake, the handshake constitutes what is known as "Situmta" (Bava Metzia 74a), which is considered a bonafide Kinyan and is binding in court. This is only true where it is customary to consider a handshake as binding and not merely as a demonstration of intent. A modern day example of Situmta is the term "Mazal u'Bracha" used in the diamond industry to finalize deals.
Dov Zupnik