Photo Credit:

“But here Dov can’t really gain,” insisted Aryeh. “It’s a one-time ride. Also, it’s not like he can hang out a sign, car ride for rent!”

“Indeed, the Rama (363:6), based on the Mordechai, indicates that if the person cannot benefit at all we would force him to benefit others,” replied Rabbi Dayan. “However, the Noda B’Yehuda [C.M. 2:24] and Beis Ephraim [C.M. #49] explain that we apply kofin al middas Sodom only to force someone to allow others indirect benefit from his property. However, we can never force someone to allow actual use of his property without payment, even if he cannot earn from it. Here, also, Dov hired the car service. Thus, we cannot force him to allow others to use it without payment.” (Pischei Teshuvah C.M. 170:1; Pischei Choshen, Geneivah 8:3)

Advertisement




“In practice,” concluded Rabbi Dayan, “it is strongly recommended that you reach an agreement that will benefit you both.”


Share this article on WhatsApp:
Advertisement

1
2
SHARE
Previous articleTerrorist Caught Near Efrat
Next articleQ & A: Pirkei Avot (Part III)
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 [email protected]. 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 [email protected].