At the end of Shulchan Aruch, Choshen Mishpat Siman 207, it says that tekiat kaf mehane. I dont understand the meaning: if I make a wager with a friend without putting the money on the table, and I give him my hand its OK? Could you explain me what is the real meaning?
Thank you.
Answer:
The meaning is that whereas ordinary penalty payments, including bets and wagers, are not halachically valid, because we assume that the person obligating himself to pay the money does not mean to sincerely obligate himself in paying (but rather assumes that he won’t have to pay, because his horse will definitely win the race), this limitation does not apply to cases in which a tekiat kaf was made.
The reason for this is that a tekiat kaf, meaning a handshake of sorts, is equivalent to an oath, and indcates the sincerity of the person accepting upon himself the penalty payment. However, this would be true only for a handshake that implies such a serious commitment.
Concerning gambling in general, please see a recent post on the subject here.
