In a case where it's clear that the Me Sheparah curse applies (to say the seller), is it automatically bestowed upon the seller (say, min Hashamayim or via beis din), or does the other party invoke the curse? If the latter, it would seem that this halachah merely gives the other party permission to invoke this curse. Does Rashi 63b D"H Samch Daateh (5 lines down the wide lines) mean to imply this latter phsat when he says that if the seller back-tracked, there is basis to curse him with me shepara?
Daniel Gray, Toronto Canada
1) The curse is invoked by the Beis Din. The Rambam (Hilchos Mechirah 7:1) writes that it is given because the person who wrongly retracted from the sale did not behave in a way which is appropriate to Klal Yisrael.
2) Rashi (63b, DH Samcha) describes a seller who retracted. The buyer was relying upon him. However, what is wrong is not only the aggravation caused to the buyer, but also the more general injustice of "Mi she'Eino Omed b'Diburo," somebody who does not stand by his word, described in the Mishnah on 44a.
Wishing you a very good month of Kislev,
Dovid Bloom