Business Halacha Daily

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Question : What can a shul or mikvah do if it finds itself overloaded with aveidos that people left there? Answer : If they already have been koneh it, they are stuck with it. However, if whoever has jurisdiction over the premises had in mind not to acquire it, and it is only picked up after the person who left it there is me...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Baruch Fried Question: I was in a supermarket and found $10 in front of the customer service counter. I picked it up, saw that there was no siman , and was about to take it for myself. The storeowner saw me pick it up and said that it belongs to him since it was found on his property. Do I have to give it to him? Answer :...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Question : In my development, there are many scooters, coats, toys, etc., which were obviously dropped by children. Do I have to pick up and return all of these lost items? Answer : The truth is that anything knowingly entrusted to a child has the status of an aveidah m’daas. The Mishnah in Bava Basra (87b) discusses a case...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Baruch Fried Question : A man has a private jar of coffee, which he keeps in shul. One day, I see him taking a cup of coffee and leaving his jar on the counter. I know that other people will assume it is there for the public and will take some. Do I have an obligation of hashavas aveidah to put away the coffee for him? Am...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Baruch Fried Question : A fellow is walking in a totally non-Jewish neighborhood and finds a pocketbook. It contains a lot of cash but no credit cards or ID. It does, however, contain a “mitzvah note” signed by “Mommy”. Is he allowed to keep it? Answer : Generally, if one finds an aveidah in an area that is primarily freq...

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   Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Baruch Fried Question: Someone lost an item, which was worth a significant amount of money. His neighbor later revealed to him that he had seen the item on the street but didn’t bother to pick it up. This individual wants to take his neighbor to a din Torah for causing him a loss by not performing the mitzvah of hashav...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Baruch Fried Question: Someone is walking in the street on Shabbos and finds a large sum of money with a siman . What should he do? Answer : The Mishnah Berurah clearly says that if one finds money on Shabbos with no siman , he is not allowed to take it for himself. Although there are certain leniencies that apply in case...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Baruch Fried Question : Reuven is walking in the street in a place where no Jews live and he finds a book. On the inside cover, he sees a name and phone number. Does he have to return the book to its Akum owner? Answer : The Torah commands us to return lost objects to their owners; however, this is limited to our Jewish b...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Baruch Fried Question : Yankel was shopping in Walmart. When he gets back to his car, he sees that the parking spot next to him is empty and there is a Walmart bag with some items in it lying on the ground in that spot. Obviously, someone forgot it there. What is the halachic status of this bag? Answer : We have to deal w...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Question: A man told his new son-in-law that he would give him a silver menorah for Chanukah. As Chanukah approached, he no longer wanted to give the gift, but he gave it anyway because he had already given his word. Can he later claim that the gift was invalid because he was giving it under duress?...

    Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Question: Two partners want to dissolve their partnership but are unable to come to terms on an agreement. One of them tells the other that if he doesn’t agree to his terms, he will sue him in court. The other partner doesn’t want to waste time and money in court so he agrees to sign, but he is is...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Question: I want to reach a settlement with someone but I am worried that he will make a Modaah that will invalidate the entire deal. How can I protect myself from someone using the halachos of Modaah to negate a legitimate transaction? Answer: The Mahari ben Lev writes that the way to write an agre...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Questions: Two individuals have a din Torah and the Dayanim rule in accordance with one of the parties. Afterward, the one who lost the din Torah tells the winner privately that if he doesn’t agree to a compromise settlement with him, he will go to a secular court and have the bais din overruled. Un...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Question : Yankel is building an extension on his house and he hires a contractor to do the job. They agree that Yankel will pay cost price plus 15%. When the job is 75% completed, the contractor tells Yankel that his costs have gone up and he can only finish the work if they raise his rate to 20%....

  Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Question : In the last segment, we said that witnesses who sign a Modaah have to know all the details of the situation and must be aware of how the individual is being forced into the transaction, which is why it is not so easy to negate a sale retroactively with a Modaah . What can someone do if he...

Questions? Comments? We love feedback! Email us at info@baishavaad.org Rav Yosef Dovid Josilowsky Question: We have stated that a forced sale is valid but the seller has a recourse of being “ moser Modaah ”. What does that mean? Answer : Being “ moser Modaah ” literally means to give over a yedia (a piece of knowledge) to witnesses i.e. to let them know what is really happening. The way it is done...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Dovid Josilowsky Question : I did a lot of business with someone and that person now owes me $100k. When I came to collect, he told me that he is only offering fifty cents on the dollar. He said that if I don’t accept that, he won’t pay anything at all. Is he a gazlan ? Answer : Typically, the halacha is that a peshara...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Dovid Josilowsky Question: Reuven asks his associate, Shimon, for a loan of $100k. Shimon only agrees to give the loan if Reuven signs over to him the deed of a property worth $500k that will serve as collateral until the loan is repaid. Reuven agrees to these terms. After a while, Shimon decides that he wants to purcha...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Yosef Dovid Josilowsky Question : A fellow walks into someone’s house, picks up an item that he wants, puts money on the table, and says, “I’m buying this item whether you like it or not.” Is this a valid sale? Answer: We said in the last segment that a forced sale is valid, and the Shulchan Aruch rules that this is tru...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rabbi Yosef Dovid Josilowsky Question: A fellow owns a house in a popular location. He is getting many offers to buy the house but he is not interested in moving. One day, someone walks over to him, pulls out a gun, and says, “Your house is worth $1 million. I am buying it right now.” Is this sale valid? Answer : The Gemara...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Yosef Greenwald Question : Reuven asks Shimon, a business professional, to join him for lunch in a restaurant in order to ask him some business-related questions. When the bill comes, Shimon expects Reuven to pay for his meal; however, it soon became clear that Shimon was not planning on doing so. Can Shimon tell Reuven...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Yosef Greenwald Question : Reuven pays a lot of money to fly in a famous singer to perform at his simcha . Shimon hears that this singer is coming to town and hires him to sing at his simcha as well. Reuven says that Shimon should pay for half of the plane ticket and related expenses because he is benefiting from having...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org   Rav Yosef Greenwald Question: A contractor is building a home and decides on his own to install outdoor lighting to beautify the house at night. The homeowner says that he didn’t need those lights and that he won’t pay for them. A few weeks later, the contractor notes that those lights are turned on and used every night. Si...

  Questions? Comments? We love feedback! Email us at info@baishavaad.org     Rav Yosef Greenwald Question: A secretary took it upon herself to decorate her office, and installed some of her own paintings on the walls. When her boss sees it, he says he doesn’t like them and, therefore, won’t pay her for the full price. Instead, he says that he will pay cost-price for her paintings. She’s insulted a...