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“The concept of makkas medina is also relevant here,” said Rabbi Dayan. “The Rama [321:1] cites from the Maharam that in such a case the loss is the employer’s. However, Aruch Hashulchan [334:10] suggests that this applies only if the worker himself was available; otherwise the loss is his. Chasam Sofer recommends compromising.”

“Wow! This is overwhelming,” commented Eli.

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“Just as it takes time to repair the effects of the storm,” said Rabbi Dayan, “it will also take time to clarify the complex Choshen Mishpat issues involved.”


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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].