Grabbing Bargains

 Shulchan Aruch (CM 237) Someone who is trying to buy or hire something and another person comes and makes the deal first. That second person is called wicked. The same is the case if someone applies for work., There is another view that if the object being sought is ownerless or is given as a present that the second person is not called wicked, because it is not something that he can readily obtain elsewhere. And similarly If involves property which is adjacent to his, he can buy it first and is not called wicked. Since it is a unique purchase. (the view of Beis Yosef citing the Mordechai). Also if it is cheaper than elsewhere, then it is a bargain and the second person can acquire it as long as the first one hasn’t.  Others say it doesn’t matter whether it is unique or a bargain Rema: The first view is the halacha and this is only regarding poor people unless it is clearly a unique bargain. Furthermore the problem occurs only when the first one has already established an agreed price and it only lacks kinyan. If the price has not been established. Than another can buy it first. There is a view that there is a cherem from Rabbeinu Gershom or custom  concerning renting houses from non-Jews.

Aruch HaShulchan (CM 237) The case of a  poor man who is turning an object and another person comes after and takes it away is called evil. Some of our rabbis say this applies only when the first is tring to buy or rent or hire himself to another or rent out his house or field. Why should the second take from the first when he can obtain it elsewhere. However if it is obtaining something ownerless or receive a present the second is not called evil since it is a unique bargain. There are other authorities that don’t make this distinction. The Rema rules like the first view. Thus any unique bargain is permitted as long as the price has not been set and the only thing lacking is the act of acquisition. The Shach says no distinctions are made in sales and it is prohibited to buy before the first one and this is the halacha and it seems this is the view of the Yerushalmi. The custom in many places is that if someone is trying to acquire something in the market that another person doesn’t try to get it first. This is a good custom and deserves blessing. The Perisha says this prevents hasagas gevul.

Igros Moshe (E.H.1:91 page 239). Concerning the case of someone who is engaged to a young lady. Is it permitted for another man to try and become engaged to her with her consent? Is this a case of Ani Hehapech becharara? It is clear that if the first couple has not yet decided to finalize the engagement there is no problem. However if they have decided but are still lacking the customary kinyan there is a dispute among the poskim whether it is permitted. Once the kinyan is made there is a cherem against nullifying the engagement

Shulchan Aruch HaRav (Hefker 10-11) If a  poor person is engaged in acquiring something and another person comes and takes it from him the second person is called evil  Some say this applies only to to hiring since he could readily obtain it elsewher with some effort. In contrast if it is a unique bargain. That is the halacha. Neverthelesss a pious person should be more stringent. If someone is trying to buy something whether land or object and a second  takes it first the second one is called evil since with effort he can purchase it elewhere unless it is very cheap and thus a bargain. However if the buyer and seller have not agreed to a price, then there is no problem for someone else to buy it. Some claim that there is a cherem of Rabbeinu Gershon when renting houses fron non Jews even when the price was not settled