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Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. BUSINESS HALACHA INSTITUTE Welcome to the new Business Halacha website! We hope you like the redesign, focused on ease of use, better navigation, and a morepleasing design.
BUSINESS HALACHA INSTITUTE Business Halacha Institute - Restoring the primacy of Choshen Mishpat BUSINESS HALACHA INSTITUTE The questions of Corona cancellations are countless: travel, hotel, apartment, school, work, events, dinners, weddings, etc. We open with the disclaimer that this topic is very complex, and the ruling varies from case to case depending on the details.BUSINESS HALACHA
Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today.BUSINESS HALACHA
Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. WWW.BUSINESSHALACHA.COM 301 Moved Permanently. nginx BUSINESS HALACHA INSTITUTE Q: Before buying a property, I consulted with the bar-metzra and he recommended that I buy it. Can he claim his rights afterward? A: Even if the bar-metzra advised the outside party to buy the property, he does not forgo his rights.He can claim that he suspected that the seller might demand from him a greater price and therefore advised the buyer to buy the property, with the intention of BUSINESS HALACHA INSTITUTE Q: I bought a property; a month later the bar-metzra claimed it.Is this allowed? A: Chazal required that the bar-metzra exercise his rights promptly. They granted him only the time needed to go and bring his money and claim the property from the buyer in beis din.If he delayed claiming his rights, he foregoes and loses them (C.M. 175:32; Sma 175:57; Mishmeres Shalom 175:15). BUSINESS HALACHA INSTITUTE Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today’s business world according toBUSINESS HALACHA
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Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. WWW.BUSINESSHALACHA.COM 301 Moved Permanently. nginx BUSINESS HALACHA INSTITUTE Halacha Hotline. Our hotline connects business owners with BHI Rabbanim, providing trustworthy halachic guidance on any monetary question. Call Now. “This hotline is a bracha". Bais Hora'ah. Prompt, professional, and cost-effective dispute resolution through mediation services and Din Torah/Arbitration. Request a Meeting. BUSINESS HALACHA INSTITUTE Halacha Hotline. Our hotline connects business owners with BHI Rabbanim, providing trustworthy halachic guidance on any monetary question. Call Now. “This hotline is a bracha". Bais Hora'ah. Prompt, professional, and cost-effective dispute resolution through mediation services and Din Torah/Arbitration. Request a Meeting. BUSINESS HALACHA INSTITUTE Halachic Guidance. BHI’s team of rabanim provide Rabbinic consultation and guidance to help you ensure that your business is halachically compliant in all areas of business halacha, including Shabbos, ribbis, and halachically valid contracts. BUSINESS HALACHA INSTITUTE Thu May 13 2021. In last week's article, we explained that there are halachic limitations on loans in foreign currency, which is considered a commodity, but it is permitted to calculate the value of the loan in local currency and return that value. Thus, Mrs. Fine, who had made aliyah many years ago and was renovating her home, borrowed dollarsBUSINESS HALACHA
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Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. BUSINESS HALACHA INSTITUTE Welcome to the new Business Halacha website! We hope you like the redesign, focused on ease of use, better navigation, and a morepleasing design.
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Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. WWW.BUSINESSHALACHA.COM 301 Moved Permanently. nginx BUSINESS HALACHA INSTITUTE Halacha Hotline. Our hotline connects business owners with BHI Rabbanim, providing trustworthy halachic guidance on any monetary question. Call Now. “This hotline is a bracha". Bais Hora'ah. Prompt, professional, and cost-effective dispute resolution through mediation services and Din Torah/Arbitration. Request a Meeting. BUSINESS HALACHA INSTITUTEBUSINESS HALACHA INSTITUTEBUSINESS HALACHA WEEKLYBUSINESS HALACHA HOTLINEBUSINESS HALACHA SUMMITHALACHA ONLINEHALACHA QUESTIONS Halacha Hotline. Our hotline connects business owners with BHI Rabbanim, providing trustworthy halachic guidance on any monetary question. Call Now. “This hotline is a bracha". Bais Hora'ah. Prompt, professional, and cost-effective dispute resolution through mediation services and Din Torah/Arbitration. Request a Meeting. BUSINESS HALACHA INSTITUTE BHI maintains a beis din of professional dayanim with a competent understanding of business. This Beis Din has successfully arbitrated complex monetary disputes worth millions of dollars. This effective & efficient arbitration has helped parties avoid costly and time BUSINESS HALACHA INSTITUTE Thu May 13 2021. In last week's article, we explained that there are halachic limitations on loans in foreign currency, which is considered a commodity, but it is permitted to calculate the value of the loan in local currency and return that value. Thus, Mrs. Fine, who had made aliyah many years ago and was renovating her home, borrowed dollarsBUSINESS HALACHA
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Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. BUSINESS HALACHA INSTITUTE Welcome to the new Business Halacha website! We hope you like the redesign, focused on ease of use, better navigation, and a morepleasing design.
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Choshen Mishpat is applicable to every aspect of contemporary transactions. BHI is committed to providing you with the awareness and knowledge you need to navigate today's business world according to halacha. Help support BHI by donating today. WWW.BUSINESSHALACHA.COM 301 Moved Permanently. nginx BUSINESS HALACHA INSTITUTE Halacha Hotline. Our hotline connects business owners with BHI Rabbanim, providing trustworthy halachic guidance on any monetary question. Call Now. “This hotline is a bracha". Bais Hora'ah. Prompt, professional, and cost-effective dispute resolution through mediation services and Din Torah/Arbitration. Request a Meeting. BUSINESS HALACHA INSTITUTE Halacha Hotline. Our hotline connects business owners with BHI Rabbanim, providing trustworthy halachic guidance on any monetary question. Call Now. “This hotline is a bracha". Bais Hora'ah. Prompt, professional, and cost-effective dispute resolution through mediation services and Din Torah/Arbitration. Request a Meeting. BUSINESS HALACHA INSTITUTE Halachic Guidance. BHI’s team of rabanim provide Rabbinic consultation and guidance to help you ensure that your business is halachically compliant in all areas of business halacha, including Shabbos, ribbis, and halachically valid contracts. BUSINESS HALACHA INSTITUTE Thu May 13 2021. In last week's article, we explained that there are halachic limitations on loans in foreign currency, which is considered a commodity, but it is permitted to calculate the value of the loan in local currency and return that value. Thus, Mrs. Fine, who had made aliyah many years ago and was renovating her home, borrowed dollarsBUSINESS HALACHA
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Corona Cancellations – Part 2on Tue Mar 31 2020 The questions of Corona cancellations are countless: travel, hotel, apartment, school, work, events, dinners, weddings, etc. We open with the disclaimer that this topic is very complex, and the ruling varies from case to case depending on the details. Furthermore, the sides should try to work out an agreement between them, wherever possible. Last issue, we introduced three relevant sources in the Gemara: 1) Work rendered impossible due to uncontrollable circumstances. 2) A boat that sank with its cargo. 3) _Makkas medinah_ (widespread devastation) in a field rental. We would like to sketch some guidelines based on these sources. Based on the first source, a person who hired someone for a job, but retracts due to uncontrollable circumstances that could not be foreseen by either side, does not have to pay, since he is in possession of the money. The same is true for rentals that were not yet confirmed with a _kinyan_. Thus, when the person hasn't paid yet, in almost all situations he will not have to pay when he retracts on account of _oness_ such as coronavirus (_C.M. _333:1-2; 334:1-2; Sma334:1).
If the person already paid, whether he is entitled to a refund dependson many factors.
In the typical case of a "Pesach hotel," a deposit to confirm the reservation would seem refundable, even if initially labeled non-refundable. The deposit is to demonstrate sincerity and serve as a "penalty" if the guest retracts, which would not apply when retracting under such circumstances, especially if the hotel is also restricted (_Pischei Teshuva_ 207:13). However, if the guest prepaid a significant portion of the cost for the Pesach hotel, since the hotel is now in possession, according to the first source it seemingly should not have to refund the money when neither party could have foreseen the problem (_Pischei Choshen_,_Sechirus _12:1).
Similarly, according to the second source, the criterion is, who is prevented from continuing the commitment: one side, the other, both or neither? If one side can still fulfill his part, while the other cannot, the one who can has the upper hand. In many coronavirus cases, neither side can fulfill his commitment; the guest cannot come and the hotel cannot operate. In this case, the money should remain where it is (_C.M._ 311:2-5; _Shach_ 311:2; _R. Akiva Eiger_, _B.M._ 79a_ Pischei Choshen_, Schirus 3:14) Nonetheless, the bulk of the cost of the Pesach hotel is to cover costs of food, staff, education and entertainment, which are all spared when the hotel does not operate in practice. Even when a worker is entitled to payment for work he didn't do, we reduce the pay since they don't toil (_po'el batel_). Accordingly, most should be returned, regardless (333:1-2). Furthermore, based on the third source, since the inability to travel and congregate is a widespread _makkas medinah_, according to most authorities the guest is entitled to a refund of prepayment. In the case of a widespread fire, Rama rules that the renter is entitled to a full refund for the remaining months; the loss is entirely the landlord's. Thus, seemingly, the Pesach hotel should have to refund full payment (_C.M. _312:17). In addition, the arrangement of a "Pesach Hotel" or any similar program, is not a standard rental or employment agreement, like the aforementioned sources. It is primarily a commitment (_hischayvus_) to provide a future service or room, which is governed by other rules of _umdena _(presumption). The clear _umdena _is that there was no intention to commit under such circumstances, so that the agreement is null and void from the beginning (_C.M._ 207:4; _Pischei Teshuva_ 227:7; _Nesivos _230:1) In the case of a private apartment rental, the situation is different. Firstly, the contract may be considered a _kinyan _on the apartment. Secondly, the apartment is usable, but the renter is prevented from coming._ Machane Ephraim _(_Sechirus_ #7) derives from the_ Yerushalmi_ that even a _makkas medina _depends on who can uphold his commitment, similar to the case of the boat. Therefore, he maintains that a house abandoned due to war or plague, where the landlord can uphold his commitment does not entitle a refund, unlike a house that burned, where the tenant can uphold his commitment, and therefore is entitled to a refund. Moreover, the landlord can claim that perhaps he would have rented otherwise to one of the few people who still came (_Ketzos_ 322:1). Therefore, it would seem that the landlord has a greater claim that he can retain part of the rental that was prepaid, in accordance with the _Ra'avan_,_ Machaneh Ephraim_ and _Ketzos_ (see _Emek Hamishpat_, _Sechirus Batim_ #50 regarding Katyusha rockets in Northern Israel during the summer of 2006.) However, if all people are confined to their homes by governmental restrictions and nobody can access the rented premises, it is fair to argue that the house is considered "burnt" and the landlord also cannot uphold his commitment, so that the renter is entitled to a refund according to the Rama. Regarding tuition refunds, there are other considerations. First, the school year is already underway and the issue is employment cancellation. Second, many schools are offering alternative options to uphold their commitment through online courses, etc. Third, Rama cites two opinions regarding who suffers the loss in an educational _makkas medinah_. Fourth, the rationale of _po'el batel_ has limited application in educational contexts, since an educator often prefers teaching to idle vacation. Thus, an educational institution would have greater basis to withhold tuition that was already paid (C.M. 321:1;335:1).
CONCLUSION: WITH THE DISCLAIMER THAT THE RULING VARIES FROM CASE TO CASE, WE CAN SUGGEST THE FOLLOWING GUIDELINES: THE PERSON WHO CANCELS USUALLY WON'T HAVE TO PAY WHAT HASN'T BEEN PAID YET. WHEN HE PREPAID, IN TYPICAL CASES OF PESACH HOTELS THERE IS STRONG BASIS FOR A REFUND, AND IN THE CASE OF A PRIVATE APARTMENT OR EDUCATIONAL INSTITUTIONS, IT IS ARGUABLE WHETHER THE LANDLORD MAY RETAIN PART OF THE PREPAYMENT, BUT IN ANY CASE IT IS PROPER TO COMPROMISE....Read more
More Coronavirus Questionson Tue Mar 31 2020 Q1: My employer asked me to purchase ice cream for his son’s upcoming bar mitzvah, and he promised to compensate me for my work. I did his bidding, but because of the lockdown he cannot hold the reception as planned, and the desserts I bought cannot be resold, because they were fashioned in the shape of the bar mitzvah boy’sname.
Is my employer required to pay me for the money I laid out? Q2: I am a caterer. A while back, Reuven called me to order a specific menu for a _simchah_ he is celebrating this week. I made all the food, and now he called me to explain that given the circumstances, he had to cancel the reception. I can’t do anything with the food. Is he required to pay me for it?A.
Although these two _sh’eilos_ may sound similar, there is likely a vast difference between them. The first element to consider in each of these cases is what financial relationship exists between the person who ordered the food and the person who was meant to fulfill that order. When someone hires a _poel _(employee or worker) to do a job, and he fulfills that mission, the person who hired him is required to compensate him in full, even if he has no use for the work done. The _Shulchan Aruch_ (_Choshen Mishpat _335:3) discusses this halachah in the context of a person who was hired to fetch apples for a sick person, and by the time he returned with the apples, the person either recovered or died. The halachah is that he must be paid for going tobring the apples.
In the first question, since the employee fulfilled the verbal instructions of his boss (see_ _ibid. 91:3) by ordering the ice cream, the boss is required to repay him for the amount he laid out based onthe din of _areiv_.
The second _sh’eilah_ is more complex, because it is unclear whether the caterer is considered a _poel_ of Reuven, who ordered the food. _Shu”t Mahar”a Sasson_ (119; cited in _Ketzos_ 339:3) discusses the case of someone who ordered a _kesubah_ from a _sofer_, and deliberates whether there is a prohibition of _bal tolin _(late payment) if he does not pay the _sofer_ on the day the _kesubah _is completed. He rules that since the _sofer_ was not doing work on an object owned by the one who ordered the work, because the parchment he was writing on was his own, he is not considered a _poel_. Rather, the person placing the order agreed to buy that _kesubah_ from him when it was completed. Therefore, there is no obligation of _beyomo titein secharo _(paying on the day work is done), and the corresponding prohibition of _bal tolin _does not apply. Some _poskim_ write that whether this is considered a _poel_ relationship or a sales transaction depends on the exact phraseology used when the order was placed: If Reuven said, “Make me such-and-such…” then he hired the contractor as a _poel_, but if he said that he would “buy” the object created, then it is a sales transaction (see _Nesivos_ 333:15; cf. _Mishpitei Hachoshen_ p. 192). It is possible, then, that the caterer who asked the second _sh’eilah_ was not considered a _poel_. Rather, Reuven agreed to buy the food the caterer prepared for him once it was ready. What happens when Reuven wants to back out of this deal due to the circumstances? The _Shulchan Aruch _(333:8) writes that if someone asks a professional to build or create something for him and he will buy it (which is essentially what we agree to when we place any order nowadays), and he then backs out, he is required to pay the professional because such a case falls under the rubric of _garmi_ (direct causation of damage). But if he backed out due to an _oness_ (circumstance beyond his control), he is exempt from payment (_Shach_386:6).
Returning to the second question, if Reuven specifically used phraseology that indicated that he wanted to “employ” the caterer to work for him, then he would be required to pay for the food and the labor in full, just as in the case of the employee who bought the icecream for his boss.
The more likely scenario, however, was that when ordering the food, Reuven entered an agreement to buy it when the caterer finishedcooking it.
If it was a sales transaction, since Reuven is backing out of the transaction due to an _oness_ – which, it seems from the _poskim_ (see _Mishpat Hamazik _pg. 323), includes situations in which he no longer has use for the item ordered – he is not required to pay the caterer for the _garmi _damage....Read more
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GENAIVA WEEK 4 USING SOMEONE'S ITEM WITHOUT PERMISSION Rabbi Mendy WeinbergerFri Feb 07 2020
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ARVUS WEEK 7 ZROK MANAH LYAM Rabbi Mendy WeinbergerFri Dec 13 2019
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