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Clauses that are "Sata" versus halakhic liability in contracts

שו"תClauses that are "Sata" versus halakhic liability in contracts
שאל לפני 8 חודשים

I am considering purchasing a SIM card for my 9-year-old son and before signing, I read the terms of the agreement. One of the sections states:
“Do not transfer the SIM card to a third party. Do not connect the SIM card to a switchboard, any machine, software for distributing messages/notifications, websites, a computer, and the like.”
In practice, the card is intended for use by my son (who is, formally, a third party), and sometimes we use his device as a Wi-Fi point (Hotspot) for occasional use on a computer. As I understand it, the purpose of the section is to prevent commercial/systemic uses or mass distribution, and not to prevent a parent from providing a line to their child or occasional use as is reasonable at home.
I would like to ask for halachic clarification:

  1. Given the principle of dina demalkuta dina and the obligation to fulfill contracts, is such use considered a breach of obligation that must be avoided?
  2. Can the aforementioned section be seen as a general “section 578” that does not apply to normal home use, and in any case, there is no halachic prohibition against providing the line to a child and making occasional use of it as a Wi-Fi point?

I would like to emphasize that I do not fear any significant legal implications in these circumstances; my question concerns the halakhic obligation required of me.
Thank you in advance for the guidance.
 


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0 Answers
מיכי צוות ענה לפני 8 חודשים
The obligation to fulfill contracts does not depend on the Dina of Malchutah. Halacha also requires them to be fulfilled. As for the question itself, there is no problem doing this. I don't know what the contract says, but there is no person in the universe who doesn't do this. You also don't transfer the SIM card, you just use the phone. And would it occur to you that you shouldn't let another person use your phone?

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