Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.
Read More
My glasses! exclaimed Moshe. I hung them on the seat in front and you cracked them.
The bags had floated off in opposite directions and were already filling with water. Yehuda paddled away to pick up his bag.
Mr. Stein notified all the participants and called Mr. Turk. Our flight was delayed, he said. We will have to reschedule the bus for 5 p.m.
Migo applies in a case that a person, usually the defendant, states a weak claim, one that would not ordinarily be believed...
However, if the renter has a definitive claim (ba'ree), as in our case, he is in possession since he holds the money.
He discovered the Mikraos Gedolos cost about 35 percent more than the Mishnah Berurah.
A person cannot be forced to receive something against his will, replied Rabbi Dayan. Therefore, the recipient has the 'upper hand' and can choose either to uphold the gift retroactively or to refuse it.
The contractor warned me that the local safety code requires a barrier around the pool. He's supposed to come in two weeks to install it.
Use of the hall on Motzaei Shabbos is a separate rental that carries an additional $250 payment. You were supposed to notify me if you wanted to use the hall also on Motzaei Shabbos.
He considers it direct damage and writes that even a guardian who is exempt from negligence [e.g., be'alav imo] or even a person who is not a guardian, is liable in such a case.
After a couple of hours in the kitchen, the meat was on the fire, the chicken in the oven, and some kugels already out on the table.
Mr. Leiner checked the calendar, and saw that April 13 came out on Chol HaMoed. I was considering taking off that day, Mr. Leiner told his boss.
Mr. Taub tried a few more times to contact Benjy, but was unsuccessful.
I can't accept that, said Mr. Mann. If you are not willing to honor the contract, we need to take up the issue in beis din.
In addition, a customer who had been negotiating to buy Mr. Weiner's house managed to convince him to sign a sales contract for significantly less than he had initially asked for.
Barry brought over the motorized bike, and Saul put it away in a spare room. A month later, Barry returned. A week passed and he did not come to pick up his bike.
Five months later, Mr. Levy's check bounced because of insufficient funds. The gmach was charged a $25 returned check fee.
So I can't testify without raising the issue of Mr. Gold's disqualification? asked Mr. Hyman.
I instructed him to sell for $125, not less. Please pay the difference, or return the bike and I will refund the $100.
When Mr. Sender returned from work, he called Mr. Neuman. You left your bike in front of my car last night. I accidentally ran over it.
I'm not an expert in the laws of ribbis, replied Mr. Rubin, but we can check with Rabbi Dayan.
Mr. Lewis quickly called the owner above, Mr. Wasser, but the phone was busy. He ran upstairs and knocked on the door.
When the landlord deposited Shalom's final rent check, it was refused for insufficient funds. He asked Shalom to make good on the rent.
There is also another distinguishing factor to consider. In all the above cases, the item is inherently of value only to one person.
Yossi settled down with some chocolate coins to study for a test on hilchos Chanukah. Suddenly, there seemed to be a commotion in the street.
When the two returned late that night, Dov took the coupon collection and threw it down the incinerator.
Suddenly, she heard the clatter of shattering glass. Mrs. Friedman quickly turned around and saw Malka swiping at the jars of jelly.
Throughout the summer, Sara would keep the receipts of her expenses in a pencil case and submit them at the end of each week for cash reimbursement.
David ordered a bus. He divided the cost among the fifty friends and wrote on the sign that each person would have to pay $32.
However, when he agreed to sell it to Moshe, he was no longer interested in selling it to anyone else. Shalom cannot acquire it without Yosef's consent.
When he got to the yeshiva, he realized the bag with the sneakers had fallen off his knapsack. He retraced his steps, but could not find it.
Thus, if the ticket was issued to the owner, the driver has no obligation to reimburse him.
The two were the same height and dressed similarly, so Shlomie could not discern who had taken the money.
That would be cheating the rightful party and an injustice. Some authorities write that doing so would be considered a taus b'dvar mishna, a mistrial, and the compromise is null and void.
The point of the dispute is whether we follow the Torah's terminology, that Shemini Atzeres is independent, or people's common parlance, that Shemini Atzeres is included in Sukkos.
Mr. Krumbein firmly accepted upon himself to return to those he knew he had cheated and also to donate to the local shul and community center.
The Bergs spent Rosh Hashanah in the apartment and then went on to their relatives.
Tosfos writes [Gittin 47a; Pesachim 57a] that hefker (disowning) rooted in error is not hefker, just as a gift or transaction rooted in error is not valid [C.M. 246:1-3].
When he reached the bank, he put his hand in his pocket and realized the money was gone.
Asher had Yankel summoned to Rabbi Dayan's beis din. He presented his claim; Yankel denied it.
The case was complicated. There were disagreements over factual issues with conflicting evidence; the halacha was also subject to a wide-ranging dispute between the authorities.
Hillel felt the counselors and camp administration did not have sufficient authority to deal with Bernie. Reluctantly, he agreed to sell the bat to Bernie for $200.
Where there is no clear practice, the families can withhold the fee until the wedding.
The Torah holds that the one who created the hazard is liable, even if he does not own it.
"Could you please take my wallet?" Menachem asked. "I have two thousand cash in it. Make sure to put it in the safe."
"That's makes him a rasha [transgressor] who is disqualified from testifying."
"I have no way of paying you back in the near future," said Mr. Stein. "I have no more assets to sell."
Yehuda hit the brakes – but they didn't respond. He veered into the shoulder and crashed into the barrier.
After Mr. Weiser left, Mr. Lander opened the envelope. He counted the money and found $600. There were five one-hundred dollar bills and five twenties. "That's strange," Mr. Lander said. "He only owed $480."
After some deliberation, the judge dismissed the case. Mr. Braun walked out feeling great.
"I can't stop you from using the whole apartment," reasoned Moshe. "But if you're making money on it, I'm still a partner and entitled to half the amount!"
Mr. Abrams turned to Rabbi Dayan: "Whom should I honor with the bris?" he asked.
"That happens," said Shaindy. "We're always breaking dishes in my house, too."
"Do you really think it's theirs?" asked Shlomie. "They're only kids."
"I'll deal with Levi later," said Reuven. "I'll explain to him that my brother needs it."
"But doesn't a person's property acquire for him, even without his awareness?" asked Mr. Laufer. "Since the chametz is sitting in my house, wouldn't I acquire it automatically?"
Since this action is for the other person's clear benefit, you are considered a 'self-appointed' agent.
"Preventing loss is also included in the mitzvah of hashavas aveidah," answered Rabbi Dayan.
"I found the loan document," Mr. Naiman notified Mr. Shuker. "You clearly lied in beis din and owe the full amount that I claimed!"
"What was that?!" exclaimed the surprised patron, Mr. Jacobs. "There goes my lunch!"
After a year of being on his best behavior, Chaim asked his father if he would be willing to cancel the stipulations. "I walk around nervous thinking that if I slip on the conditions I lose the car," he said.
"But when you buy two items, each one costs less," reasoned Mrs. Simcha. "How can you say that Mr. Sasson's was full cost and ours half-price?!"
"Similarly, aside from the amount that is certain, you don't know whether anything more was put in the container." (C.M. 75:9)
"The value of silver, in comparison to other items, has dropped precipitously in the past few centuries," replied Rabbi Dayan.
Mr. Braun notified the landlord. "We'll cover the air-conditioning repair," the landlord said. "That's included in house repairs."
"Do you have witnesses who can support this allegation?" asked Rabbi Dayan.
"Mr. Stein is believed that he repaid," answered Rabbi Dayan, "since the loan document is invalid."
"What are you talking about?" asked Moshe. "I wasn't aware that the kesubah entailed payment of such sums."
"I understand you point of view," said the brother, "but if seems wrong to me. I'd like to consult Rabbi Dayan on this."
"Is there any ethical issue in accepting the enhanced offer of the second employer?" asked Nate.
"What's the difference?" argued Mr. Fine. "You caused me a loss in both ways!"
"There are differences between the halachic concept of mekach taus, or mum b'mekach, and that of a warranty," answered Rabbi Dayan.
Mr. Shapiro summoned Benny to a din Torah before Rabbi Dayan, demanding immediate payment of the bill.
"Well, in that case," said Itzik, "just tell Jake that I paid back the money and it was stolen.
"What is the problem, then?" asked Mrs. Rhein. "We can pay $5,000; the payment from the summer and what we owe for now."
"No, I trusted you," replied Mr. Isaacs. "I'm sure that I paid the first half, though."
"This doesn't seem right," Chaim's mother said. "I'm going to have to check with the bakery." She put that doughnut aside and took a different flavor.
"Does Mr. Goodman have to pay me the $1,000 he agreed to for learning with my son?" Danny asked.
"I'm not interested in doing anything with the apartment," said Reuven. "If you're my partner in the apartment, you're welcome to use it with me."
"Maybe," acknowledged Benny. "But I didn't do anything wrong. I rode the bike in the normal manner, and this accident occurred."
When David returned, he apologized to Moshe and offered to pay for replacement of the fender.
"I stated from the beginning, 'For a friend like you – we're willing to rent.' If he's no longer a friend, the agreement is no longer binding!"
"What do you expect?" asked Mr. Strauss. "That I should work for free?"
Aryeh complained to Josh for handing the work over to Manny. Josh insisted, though, that he trusted Manny and that the job was done according to standard and approved by him.
"But my rebbe taught me that on the first day of Sukkos you have to own the lulav and esrog," said Levi. "If I borrow yours, how can I fulfill the mitzvah?"
"If there were only two possibilities, I understand following the higher amount," said Mr. Meyer. "However, here the pledge could have been any amount from $100 to $360!"
Leibel met his long-time friend Chaim three days before Yom Kippur. After wishing each other a G'mar chasimah tovah, Leibel asked Chaim, "How do you do kapparos?" "What do you mean?" replied Chaim. "I follow the machzor." "That's not what I meant," laughed Leibel. "Do you use money or a chicken?" "I use money," replied […]
The dayanim reached the conclusion that Mr. Rubin was legally liable for the full sum. Rabbi Dayan issued the ruling to the parties.
"This case entails two basic factors," replied Rabbi Dayan. "First, a questionable damage; second, a partial admission.
"There is a mitzvah to pay the worker on that day," answered Mr. Lerner.
Mr. Steinberg ran downstairs to the ground floor. He saw that the table had fallen onto one of the cars sitting in the parking lot below.
"I don't understand, though," objected Mr. Weiss. "If the Torah states that the loan should be remitted, how can Hillel institute that the creditor can collect, against Torah law?"
"So there's no way to lend past the shemittah year?" asked Eli.
The director picked up the phone to Rabbi Dayan. "One of our counselors lost his check," he said. "Do we have to issue a new one or is it his loss?"
The two decided to approach Rabbi Dayan. "What is the halachic status of conquered territory?" asked Shalom.
"Does that mean a person can simply renege after payment was made?" asked Benjy incredulously.
"But I'm already dwelling in the apartment," said Mr. Gold. "Shouldn't that count? I'm no worse than a neighbor!"
"Is there a difference between rescuing and other services?" asked Ploni.
"What difference does that make?" replied Shraga. "What counts is the agreement that we made. I said two hundred fifty and you accepted."


