Reply To: Siyum Hashas on eBay controversy….

Very interesting issues raised by zahava’s dad, she may well be a lucky girl.

I’m no expert or authority on this, I don’t control the rules, and I only came here to get out the word, but since more discussion is likely to get the word out more, here’s my personal 2c for whatever that’s worth:

Its not really a Tzdekah so gofundme really wouldnt work as its not really a charity

Interestingly enough GoFundMe works for any cause charity or not as is clear from their front page.

THE SELLER WILL MAKE EVERY EFFORT TO AMICABLY RESOLVE ALL ISSUES TO THE MUTUAL SATISFACTION OF BOTH PARTIES. ANY OUTSTANDING UNRESOLVED ISSUES WILL BE REFERRED TO ARBITRATION OF THE JEWISH COURT OF LAW CHOSEN BY THE SELLER AT THE TIME OF SALE AND ALL DISPUTES WILL BE GOVERNED BY JEWISH RELIGIOUS TORAH LAW.

This is against ebay rules, anytime there is a dispute with an eBay listing you have to go through eBay for resolution. (Its their platform, they have the right to make any rules they want and if you dont like it, dont list there)

Actually eBay themselves say the opposite – from their site,

“Many problems are misunderstandings that can be worked out when members talk to one another. The first thing we recommend is for the buyer and seller to communicate…

If you aren’t able to work things out after communicating with your buyer or seller, you can contact us.”

This Is also illegal according to eBay rules, You cannot make an open auction and deny a winning bidder, its against the rules (You can make a Pre-approved buyer auction, which is what the seller should have done)

Selling and buying on eBay are a legal contract and so obviously that has to be taken into account in any dispute – but ultimately, much as I am not a lawyer, I believe that the buyer would legally be required to go to arbitration by a Beis Din as per the terms and conditions of the auction which eBay does not ammend in any way, and if the buyer complains to eBay, eBay would not be able to do anything other than tell the buyer to go to arbitration as per the auction Terms

1) TALMUD SPONSORSHIP IS A PART OF JEWISH RELIGIOUS OBSERVANCE AND THUS UNFORTUNATELY AT THIS TIME BIDDING ON THIS AUCTION IS LIMITED TO THOSE WHO ARE JEWISH BY UNIVERSAL STANDARDS ACCEPTED BY ALL JEWISH COMMUNITIES.

Is also illegal according to eBay rules

Firstly eBay accepts the right of a buyer to cancel – there’s just the issue of potential negative feedback and potential legal consequences of breach of contract which here would not apply due to the terms explicitly excluding anyone other than Jews and secondly the seller would almost certainly win in a Beis Din in demanding that the buyer cancel his bid.