Buying and Selling an Apartment During the Nine Days
Question
A. We sold an apartment about a week ago, and the contract was signed at a lawyer’s office. It was stipulated that the contract would take effect only after an additional arrangement and agreement before the arbitrator, and therefore it has not yet been reported to the tax authority. Is it permissible to sign the additional agreement during the Nine Days, so that the sale will take effect retroactively? Is there a difference between the seller and the buyer?
B. We are interested in purchasing an apartment. Because the Nine Days are beginning, the seller wants to sign a memorandum of understanding in the meantime. The lawyers told us that this is not recommended and may cause complications. Is it permissible to purchase an apartment during the Nine Days, in a case where there is concern that another buyer may precede us? And is it permissible for the seller to sell the apartment during the Nine Days?
Answer
Shalom and blessings
Our teacher, Rabbi Amram Fried shlita, wrote:
According to the strict halacha, it is permissible to buy an apartment for residential purposes, and even if he already has an apartment — if it does not have enough space for the members of the household, he may buy a larger apartment. However, some have the custom to refrain from doing so, because it is considered an inauspicious matter.
If there is concern that someone else will precede him, or if there is a financial loss — one should not refrain.
Accordingly:
A. It is permissible to sign in order not to lose the deal.
B. Since, according to the experts, signing a “memorandum of understanding” may lead to a loss, it is permissible to wait and sign the contract during the Nine Days.
Source
Azmera Lishmecha 336
