Reply To: Where There’s A Will, There’s A Violation What The Torah Wants?

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September 20, 2011 4:11 pm at 4:11 pm #812369
Peacemaker
Member

Sam: If they agree beforehand, sure. That would be in accordance with S”A. But in the absence of a prior agreement, unless it is common business custom to follow a certain rule (in which case it again would be in accordance with S”A), I don’t see how DDD can take precedence over Shulchan Aruch. And issues between two private parties outside of a business setting would surely follow S”A.

As far as Yerusha, what argument could anyone advance as to why halacha would be set aside? And this machlokes you reference, is it between Rishonim? Achronim? Others?