This week’s Torah portion discusses the mitzvah of not overcharging and cheating in business, as the Torah says, And if you sell something . . . or buy from your fellow's hand, you shall not wrong one another (Vayikra 25,14,).

The following dilemma relates to an interesting interface between the laws of not cheating in business, and the laws of marriage.

Aaron and Devorah were a happily married couple.  One day, several years after their wedding, they were in need of some additional income, and Devorah brought her platinum wedding band to a jeweler to be assessed. To Devorah's surprise, the jeweler told her that her ring was not platinum at all, but it was really stainless steel and worth a lot less than she thought. Devorah came home and told her husband what she learned. Aaron was shocked. He knew that when he bought the ring he paid several thousand dollars for a platinum ring. It became clear that he was cheated by the seller who sold him the ring.

The Halacha (Choshen Mishpat 233) is that if a seller sells an item and it turns out that he gave the wrong item, then the sale becomes void. It is as if the sale never took place and the seller is required to return the money and the buyer must return the item. This is known as a mekach ta’us, a fraudulent sale.

There is another principle that relates to the laws of marriage. In Jewish law, when a man and a woman become married, there is a mitzvah to perform both “Kidushin and Nisuin”. Kidushin creates the exclusive bond between the husband and wife, and Nisuin is the process of the bride entering the chuppah and entering their home. The Kidushin is performed by creating a kinyan, an “acquisitional bond”. This is performed by the groom giving his bride an item of value, such as a ring. It is important that the groom gives his bride a ring that he owns himself. If he does not perform the Kidushin the couple are not legally married.

This brings us back to our story. Aaron knew that the purchase of his wife's wedding band  was a mekach ta’us, a fraudulent sale. He knew that if the sale was fraud, then the sale is voided and the money and item have to be returned. But then Aaron had the following concern. It turns out that at the time of the kidushin, when he gave Rachel the ring under the chuppah, he never really owned the ring. He wondered if it was possible that their Kidushin and marriage was therefore never binding. Is it possible that he was never legally married all this time? Would Aaron have to make another wedding ceremony with kidusuin and nisuin because he never gave her a ring that he owned? What can they do to solve this problem?

See Veharev Na Volume Two Hebrew Edition page 213

Answer to last week’s moral dilemma

Rabbi Yitzchak Zilberstien writes  (Veharev Na Volume Three Page 205 Hebrew Edition) that ideally one should stay in the room and explain the truth. He writes that it is more likely that they will understand that he is a Jew that got stuck, than someone trying to steal something.

However, if there is a concern of Kavod Habrios, human dignity, for instance if he had to use the restroom, or he would have no way to eat the Shabbos meals, then it would be permitted to leave the room, with a shinui, a change from the normal way. That is because turning off the light in this case would be only a Rabbinical prohibition because it happens by itself, and he does not intend for it to go off.  The Rabbinical prohibition would not apply in a  case that diminishes Kavod Habrios.