July 27, 2012 6:44 pm at 6:44 pm #604309jewishnessParticipant
Is it permissible according to Halacha to buy and sell miles/points?
I heard that airlines do not allow it. Wouldn’t that make it assur? What about credit card companies?
Do you know of any stringent/lenient opinions?
discussJuly 27, 2012 7:01 pm at 7:01 pm #887984ohr chodeshMember
The only question is whether the airlines/credit card companies allow it. As far as I know, they do. So it certainly isn’t a problem.
And even if they don’t, the only issue is you are violating the agreed to “terms of service”. Legally (both halachicly and secular) it is merely a “breach of contract”. That is a civil matter, not a criminal matter or theft. And the remedy the airline/CC company could seek is based what the ToS allow; which is usually cancellation or revocation.
So, in a nutshell, even in the latter case it merely gives the right to the provider to seek remedies (i.e. not honoring the points.) There is no halachic (or legal) violation by anyone.July 27, 2012 8:43 pm at 8:43 pm #887985popa_bar_abbaParticipant
I didn’t know there were halacha points.July 27, 2012 8:51 pm at 8:51 pm #887986Sam2Participant
Ohr Chodesh: There is no such thing as a civil (but not legal) breach of contract in Halachah. Such an action would be Assur unless agreed to by both parties.July 27, 2012 9:03 pm at 9:03 pm #887987popa_bar_abbaParticipant
Sam: That’s an interesting question.
Secular law generally views the moral obligation of a contract to either perform, or to pay the appropriate damages. That is, it is understood from the beginning that it would not be worth it for the parties to make a contract if they were bound to it no matter what.
It is a bit funny that halacha would have a sense of contract which doesn’t really make sense. And I wonder what it is.
I’m not totally clear where contracts are enforceable in halacha anyway, since some of them should be asmachta.July 27, 2012 9:05 pm at 9:05 pm #887988ohr chodeshMember
Sam: Not true. For example, if you sell me a car on the condition I never drive over 70 MPH with it. One day I drive at 75 MPH. You could demand a reversal of the transaction (you take the car back and give me my money back) due to my violation of the terms of sale. But I wasn’t a thief nor did I violate halacha. I simple breached our contract and you were entitled to seek the above remedy.July 27, 2012 9:10 pm at 9:10 pm #887989Sam2Participant
Ohr Chodesh: There’s some lack of Ne’emanus there. I might not be able to pinpoint an Issur on it. But it’s certainly not Muttar to do. It’s similar to Mi Shepara.
PBA: I think we assume a contract is to people being M’shabeid themselves. Which should remove Asmachta issues.
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