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.
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"Is the invoice signed by the students?" asked the principal. "They said they didn't get the pizza."
"The answer depends on the terms of the purchase agreement and local customs," replied Rabbi Dayan.
"I wasn't really thinking," replied Levi. "Things in the backyard usually don't need watching. I also didn't expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake."
"What do you mean?" asked the secretary. "We already issued a ruling and closed the case."
"A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,"
During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.
"There is a diamond necklace that I wear on special occasions," Mrs. Miller told her husband. "It was recently appraised at $6,000. If need be, we can give that as collateral."
"I accept the ruling," said Mr. Broyer, "but would like to understand the reasoning."
"The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000."
"The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice," replied Rabbi Dayan.
"No, I can't take more than $65," protested Mrs. Fleisher. "You may not owe me more than that."
"If I notify people, nobody will buy the matzos!" exclaimed Mr. Mandel. "Once the halachic advisory panel ruled leniently, why can't I sell the matzos regularly?"
"Do we have to donate again?" some people asked. "Is it fair that we should have to pay twice?"
"This sounds like a question for Rabbi Dayan," said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.
"We really appreciate your efforts in straightening the shul," said Mr. Reiss. "How is it going?"
"Halacha differentiates between giving a gift, forgoing a debt [mechila], and granting permission to take something," answered Rabbi Dayan.
"I don't accept this," said Mr. Zummer. "I want you to finish! You're not allowed to just stop in the middle!"
"That's what you're wondering?" laughed Mr. Rubin. "That ring is not mine at all. A relative gave me money to buy it for him."
"How could you have expected my glasses to be there?" argued Mr. Weiss. "You shouldn't have to pay."
"It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty," explained Rabbi Dayan.
"The issue is not just logistical," replied Mr. Kahn. "I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime." (C.M. 5:2; 28:24)
A few days, Mrs. Feldman called back. "I would prefer a nice cake rather than the chocolate."
He sent out a memo to the tenants: "In light of the recent burglaries, we've decided to implement additional security measures, including hiring a doorman for the weekends."
"I'm still not sure we have a right to damage his property," said Mrs. Schloss. "Can you ask someone?"
He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.
"I do not owe anything," Mr. Feder replied. "However, if I must come – I will."
Mr. Weiss refused to listen and sued Mr. Cohen in civil court.
In the afternoon, he reached into his pocket to check for the money, but it was empty. "The $50 bill must have fallen out," Alex exclaimed. "It's got to be in one of the rooms I was just at."
Dovid turned to the other people sitting at his table. "I'm revoking my hefker of the Chumash," he announced. "I want to keep it."
"That's what I thought, so I returned the money to Aharon," said Reuven. "But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don't know whether the $70 was connected to the note, and was Aharon's for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note."
On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.
“ ‘We're almost out of stamps,’ I said. ‘I'll be happy to run over to the post office and pick up a supply.’ ”
Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.
Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.
Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev's hand. It fell to the ground and a piece broke off.
Mr. Fisher contacted Rabbi Dayan. "Am I allowed to use money of ma'aser kesafim to pay the shul for an aliyah that I bought?" he asked.
Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. "Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?"
When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.
"Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail," replied Mr. Braun. "Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?"
"The Torah states in Parshat Ki-Teitzei: 'If you build a new house, you shall make a fence for your roof. I think it's your responsibility."
On Friday afternoon, Dov called Kalman. "Please make sure to return the keys for the car on Motzaei Shabbos," he said. "We have a bris on Sunday morning and we're all going. We also need the roof luggage bag."
"We're leining now, and shouldn't be talking," Mr. Silver gently quieted his son. "At the Shabbos table we can discuss it at length."
"Guess what?" Benzion exclaimed when he returned home. "I just won an identical Mishnah Berurah in the avos u'banim raffle."
"Do I have to repay the loan?" he asked. "Does Yosef have to reimburse me? What if doesn't have that sum, does he owe me in the future?"
When Yoram got home that evening, he went over to Effy: "My day camp is looking for extra supervision for an overnight trip," he said. "Would you like to come? They're paying $250 for the trip."
"I'll make you a deal," he said. "If you pay monthly – it's $4,500; if you pay six months up front – I'll give it to you for $4,200."
"Sound fine," said Mrs. Schwartz. "In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!"
"It is sometimes possible through hataras nedarim, nullification of vows," replied Rabbi Dayan, "but it's not simple for charity pledges.
Mr. Haber called Rabbi Dayan. "We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated," he said. "It turns out we're staying. Can I annul those sales?"
"You cannot restrain Ari from building a fence on his property," answered Rabbi Dayan.
"I would understand if I became sick and could not finish," said Mr. Braun. "But here it was my choice to stop the work and go take care of my mother."
"David is also entitled, since he is also learning," Moshe replied. "He'll be back in a few minutes. Anyway, I'm on a diet and didn't take one for myself, so I don't see any problem taking for him."
Shlomo called Rabbi Dayan. "I lent someone money, and he now denies the loan," he began. "If the opportunity presents itself, am I allowed to grab money from him?"
"I have no doubt you should pay the full value of the repair," replied Zvi, "but I'm willing to ask Rabbi Dayan how much you owe."
"Why are we allowed to read the magazine without paying for it?" asked Mr. Schreiber. "Shouldn't there be at least a mitzvah of hashavat aveidah?"
"Hillel's name was omitted from the raffle," Mr. Simon said to Rabbi Dayan. "The winner is willing to settle with him, but another participant wants to invalidate the lottery entirely. Must it be redone?"
Sometimes, we even force people not to act this way but to let others benefit.
He flipped through the pages, looking for some identification. "Absolutely no marks; it's brand new," Yosef said. "Since there are no identifying marks, the item is hefker [ownerless] and can be taken; I'm taking it for myself."
"I just picked up a case of tuna at the supermarket up the block, three for $2," Mrs. Cooper said. "You may want to buy the tuna there."
"I'll try to help as we can," said Mr. Goodman, "but we already made a special appeal this year. Let me see what other funds we have. I'll be in touch with you in a day or two."
"Why is that?" asked Rabbi Brenner. "What happened to the rule of hamotzi meichaveiro alav hareaya (the burden of the proof is on the plaintiff)?"
"People who want to donate will give anyway," said Mr. Bodner. "Why can't I also gain from distributing the photo?"
"Well, I brought over a cake for the simcha," Mrs. Kasner said. She came in and put the cake down on the counter. "Please tell your mother I'd like the serving dish back after Shabbos."
"We're hosting a sheva berachos tonight for my niece," Mrs. Kohn replied. "I'm already late! I don't even have a minute to take my projector to the office. Would you mind keeping it overnight in your office?"
When Mr. Fine received the translation he was disappointed. The translation was passing, but lacked the power and command of language in other translations he’d seen.
The day after Purim, Mordechai Freilich received the mishloach manos package with a note: "This mishloach manos was meant to be delivered on Purim, but delayed due to the storm. Please accept our apologies."
Today was one of those days. Shimshon was standing in the hallway during recess, talking to a friend, when Dan walked over and jumped on him.
"The Gemara [B.M. 25a] questions whether coins arranged in such a fashion serve as a siman – indicating intentional arrangement – or not," explained Rabbi Dayan. "The question is whether they could have fallen unintentionally in this way. This question remains unresolved in the Gemara."
Outside the school, a person stood selling waterproof knapsacks. A sign above him read: "SALE! Only $100 for a knapsack! Limited time offer." Mr. Wasser passed by and was intrigued by the knapsacks. He came over and asked the salesman about them.
"I've got to run," Yossi said to his friends. He turned to Nachman, who lived a few doors away from him. "Someone asked me to watch his backpack, with a laptop inside," he said. "Can you please take it home? I'll pick it up in the evening."
Nachum was doing a research project on the Rambam for one of his courses. He borrowed a number of sefarim from his yeshiva's library for a month while writing the paper. When he completed the assignment, he gathered the sefarim together to return them to the library, but noticed that one sefer was missing.
Jonathan needed some extra cash, about $30,000 for his business. He applied to a number of banks for a loan, but they were being tight on issuing him credit and were also asking for more interest than he wanted to pay.
Mr. Brand was walking home one evening when he saw his neighbor, Mr. Moses, getting into the car with his family. "Where are you heading with the whole family?" he asked.
Shlomo arrived at the bus station half an hour early, whereas Kalman got delayed on the way. As departure time approached, Kalman called Shlomo. "I'll be there in ten minutes," he said. "Get on the bus meanwhile and save me a seat next to you towards the back."
"Boruch's vort [engagement celebration] is tonight," Chaim said to his friend, Yoni. "How are you getting there?" "I'm not sure," said Yoni. "I'm looking for a ride with someone. Any chance you're driving?"
"Yossi is getting married in three weeks," Moshe said to Yehudah. "He mentioned that if a few friends wanted to chip in, he would be happy to get a washing machine as a gift. Are you interested?"
Mrs. Simon had been teaching for seven years at a girls’ elementary school. The school had expanded rapidly during the previous decade as the local Jewish community grew. Each grade boasted four parallel classes.
Mr. Sofer completed his book order with an online company. The vendor offered special, fast shipping for an additional cost, but he opted for regular free shipping. "Delivery within three weeks," stated the site.
People thronged from all over Israel to take advantage of this opportunity.
Mr. Weiner walked over to the garbage can and pulled it out from under the board. The board fell to the ground with a thud and split. "Serves him right!" said Mr. Weiner. "I've warned him a hundred times not to take my things without permission!"
The first winter snow had arrived. Snowflakes drifted down in swirls, covering the ground with a beautiful blanket of white. As the hours passed the snow slowly accumulated, reaching a depth of six inches.
Dudi was assistant coach of his community's Junior League basketball team, comprised of fifth and sixth graders. Among the players was his younger brother, Dovy, who had just turned eleven.
The first storm of the winter arrived. The skies turned black and the rain fell heavy. The trees swayed back and forth as the wind howled outside. Here and there, branches snapped off and fell to the ground.
The bell rang for afternoon break in Mishpat Emes High School. The boys, who had been learning intensely all morning, headed out to the schoolyard for a half-hour break to get some fresh air and stretch their muscles with physical activity.
At 5:00 sharp Zvi headed out of the office to the street. He raised his hand and hailed the next available cab. He provided the cabbie his address and was surprised to find that the cab driver was a religious Jew.
Last week Am Yisrael suffered a tremendous loss with the passing of Maran HaRav Ovadia Yosef, zt"l. The greatest tribute we can give to such an outstanding talmid chacham is to repeat and share his Torah. The following article is based on a responsa of his in Yabia Omer (vol. II, C.M. #7). May this learning be l'iluy nishmaso.
Yisrael, Shlomi, and some other teenage friends swam regularly at the local pool, which had special men's hours. They all brought locks with them to secure the lockers, except Shlomi. He would simply put his clothes in the locker, with the wallet in his pants pocket, and shut the locker door.
Chaim had an old car that he would regularly rent to the fellows of his kollel for a nominal fee. Moshe asked if he could use the car for the afternoon to do a couple of shopping errands. "With pleasure," Chaim said. "However, before you take the car, I'd like you to read this statement of terms."
After davening on Hoshana Rabbah, Mr. Hadar fondly packed away his esrog. "Maybe I'll fill it with cloves and use it for spices at Havdalah," he thought. "Or maybe I'll make jelly out of it."
Mr. Sender was the gabbai of Congregation Tiferes Yisrael. He was in change of aliyahs, would organize the siddurim after davening, and make the announcements. His special joy, though, was walking around the shul on weekdays with the pushka (tzedakah box). "Tzedakah tatzil mimavess," he would quietly declare. "Charity saves from death."
Yossi and Ezra shared an apartment. They had many things in common, which made them good roommates. One thing they shared that sometimes caused problems, though, was identical cell phones.
Rabbi Dayan asked Ruby and Zev to sit down. "Remind me what the issue was," he said. "It's been a while since we spoke." "Zev sent me a computer virus as an email attachment," said Ruby. "Supposedly, the file was a 'helpful computer program,' which he told me to install. The file was a virus, though; when I clicked on it, it attacked my computer! The repair cost $250. I think that Zev should pay for the repair.”
Ruby and Zev were classmates but didn't get along well. One weekend, shortly before a test, Ruby asked to borrow Zev's notes and kept them the entire weekend, ignoring Zev's pleas to return them. Not surprisingly, Zev did poorly on the test. He decided to get back at Ruby.
Rabbi Dayan was learning the Daf in his study when his phone rang. "Hello, this is Shmuel," said the caller. "My children found some eggs in our backyard. They did shiluach ha'ken with the chickens and brought the eggs home. Can we eat them?"
Yair was always looking for spare jobs to earn some extra money. Before Pesach he would clean houses, before Sukkos he would build sukkahs, in the summer he would drive people to the mountains.
It was summertime. Congregation Sha'ar Shamayim was relatively empty, as many of its members were away in camp or vacationing in bungalows.
Eliyahu was enjoying a relaxing summer after an intensive year of learning. He spent time with his family, learned a few hours each day in the community beis medrash, and worked sporadically when the opportunity arose.
Rabbi Dayan walked into class and greeted his students. "Good morning! We're nearing the very end of Bava Kama," he announced. "Today we begin the final topic, b'ezras Hashem."
Tiferes Torah Synagogue needed a new Sefer Torah and embarked on a Sefer Torah campaign among its members.
Mr. Spitz was going through the mail. "Typical assortment," he grunted. "One third bills and financial documents, one third solicitations, and one third junk mail."


