Q&A: Discontinuity in the Consideration Function
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.
Discontinuity in the Consideration Function
Question
Hello Rabbi,
In Jewish law, is a "gift" a "sale" with consideration equal to zero? Is there a discontinuity at that point (that is, does a sale not approach a gift as the consideration approaches zero)?
Answer
These are just words. The question is what practical difference you want to make use of with that definition. Clearly, formally speaking, it is a sale with consideration of 0, but it is possible that the absence of consideration changes its laws. If you can explain what implication you are aiming at, we can discuss it.
By the way, in Marcel Mauss's essay "On the Gift," published by Resling, he argues that in many cultures a gift is actually a sale with real consideration (which is not 0).