Please enable JavaScript in your browser to experience all the custom features of our site.

RabbiHorowitz.com
Please Use Our New Website
still under constructions
to purchase safety books and educational materials
https://thebrightbeginnings.com

Mr. Harry Skydell, Chairman
Mr. Mark Karasick, Vice Chairman
Rabbi Yakov Horowitz, Director
Rabbi Avrohom M. Gluck, Director of Operations
The first 1000 members will have a chance to win a
16 GB
iPod
touch
with Rabbi Horowitz audio

Membership Benefits:

  • Save articles to your favorites folder.
  • Save and print selected articles in a PDF journal.
  • Receive emails containing the latest comments on your favorite articles.
  • Mark articles as "READ".
  • More member features coming soon...

Raffle Rules:

NO PURCHASE NECESSARY. To enter, complete the signup form and join as a member. Incomplete entries will be disqualified. All entries shall become the property of CJFL. CJFL is not responsible for lost, misdirected or delayed entries.

The contest is open to the general public. Members need to be at least 18 years old. Identification must be produced on request. Employees of CJFL, its raffle sponsor, advertising and promotional agencies and their respective affiliates and associates and such employees' immediate family members and persons with whom such employees are domiciled are excluded from this raffle. ALL PREVIOUSLY REGISTERED MEMBERS WILL BE AUTOMATICALLY ENTERED INTO THIS RAFFLE. The prize is not redeemable in cash and must be accepted as awarded. Decisions of the raffle judges are final - no substitutions will be available. By claiming the prize, the winner authorizes the use, without additional compensation of his or her name and/or likeness (first initial and last name) and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including without limitation, radio broadcasts, newspapers and other publications and in television or film releases, slides, videotape, distribution over the internet and picture date storage) which CJFL may deem appropriate. In accepting the prize, the winner, acknowledges that CJFL may not be held liable for any loss, damages or injury associated with accepting or using this prize. CJFL retains the rights, in its absolute and sole discretion, to make substitutions of equivalent kind or approximate value in the event of the unavailability of any prize or component of the prize for any reason whatsoever. This contest is subject to all federal, provincial and municipal laws. CJFL reserves the right to withdraw or terminate this raffle at any time without prior notice. One entry per person.


Fellow Weekly Newsletter - Issue 34 - Hot Onions - Business Law and Ethics for the Shabbos Table

Publication: Fellow Weekly Newsletter

  Rated by 1 user   |   Viewed 5818 times since 2/5/10   |   0 Comments
Decrease Font Size Increase Font Size    [ Change Font Size ] Email This Article to a Friend
   

2/5/10

Welcome to Fellow Weekly!
Encouraging intelligent and entertaining debate at your Shabbat table.

Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.

This Issue is respectfully dedicated by:
Rabbi and Mrs. David Brafman and friends in honor of Fellow-Yesharim Dean Rabbi Yitzchak Berkovits and family
on the birth of their first grandson, Aharon, and Mr. and Mrs. Moshe Kaganoff on the birth of their son Pinchas Eliyahu.

CASE 135: Hot Onions

Steve Ring, a high profile lawyer in Miami Beach, Florida, ran a tight schedule with little or no time for leisure. Nonetheless, he would volunteer twenty minutes a week to help his lonely elderly neighbors, Harriet and Sylvia.

On Thursday afternoons, Tammy, Steve's wife, would phone her elderly neighbors and take down their pre-Shabbat grocery orders. She would subsequently email their lists together with her list to Steve. On his return from work on Thursday afternoon, Steve would stop off at Shopper's Express and run the errands for his wife and elderly neighbors.

Generally, he would have the cashier ring up two separate bills, one for his neighbors and one for his own purchase. Last week, his list being rather short and only requiring a bag of six onions for Harriet, he simply had the cashier ring up Harriet's onions at the end of his own list.

Steve paid for the purchase and went to Harriet's house to deliver the onions. Being in a rush, he told her to be in touch with Tammy the next day regarding the cost. In the meantime, Harriet diced the onions and added them to her potato kugel mix.

Eager to pay her debt, Harriet called Tammy on Friday and asked how much she owed her for the onions. Tammy took out the receipt from her husbands trip to the store, but the onions were not listed. The cashier had obviously failed to scan them. Frantically, Harriet called the supermarket, but they were closing for the day and did not pick up the phone.

- Can Harriet eat the kugel Friday night?

What is the law?

[Based on a true story: Submitted by Mrs. A.S. - Kiryat Sefer, Israel]

Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!



LAST WEEK'S CASE

CASE 134: Shattered!

A hot Shabbat meal, an accepting aura, and a pervasive love of humanity brought hundreds of university students, yeshiva fellows, families of hospital patients and curious onlookers to the Goodman home in Boston, Massachusetts.

A Goodman Shabbat experience was indeed one of a kind. Jerry's melodious voice and Lisa's mouth-watering cuisine left behind a flavor hard to forget. Dozens of guests from all walks of life would join together for an evening of love, song, inspiration, good food and a sense of purpose.

Jerry and Lisa left no stone unturned to fulfill the mitzvah of Hachnasat Orchim [Genesis 18:1, Maseches: Shabbos 127b], welcoming wayfarers in a most magnanimous, humble, and friendly manner. [Ahavas Chesed 3:1]

In time, the Goodmans needed to add an additional table in their dining room to accommodate the growing crowd.

One Wednesday, Jerry read online that a Mike Gerber was selling a used glass dining room table and matching chairs for three-hundred dollars. Jerry and Lisa drove their van over to Mike's house to view the table. The stunning table seemed like the perfect buy. It was large enough to fit another dozen guests comfortably. Lisa loved the table's style as it fit perfectly with her dining room décor. Moreover, she took an exceptional liking to the chairs because they were extremely comfortable and great for back posture.

Before agreeing to buy the set, Jerry asked Mike if the glass was attached to the table. Mike assured Jerry that it was indeed attached. Jerry looked at Lisa for her approval and Lisa winked in the affirmative. Jerry accepted the offer and handed Mike three crisp hundred-dollar bills.

Jerry and Lisa then brought the chairs out of the house and placed them in their van parked in Mike's driveway. While Lisa held the door open, Jerry and Mike began carrying the table to the front door with care and precision. As they neared the door, they tilted the table sideways so that it would fit through the door. Suddenly, they felt the weight rapidly shift as he glass top fell off the frame, broke the antique umbrella stand by the door, and exploded into countless shards on Mike's floor.

Looking over the remains of the table, it was clear that the top had simply been a heavy pane of glass resting on four suction cups attached to the wrought iron frame.

- What is the status of the sale of the table and chairs? Does Jerry receive a refund? If so, how much?

- Does Jerry share responsibility for any of the damage that occurred to the table or the umbrella stand?

What is the law?

[Based on a true story: Submitted by Judah Spetner – Member, Cincinnati Community Kollel – Cincinnati, OH]

The Answer

We present you here with a concise ruling. For a more intricate elucidation, please see the “detailed explanation” below.

The Goodmans may demand their three-hundred dollars back, yet they must return the chairs. Jerry is absolved from paying for the damage to the umbrella stand.


Detailed Explanation

This case implicates the following two laws:

A consumer may rescind a deal upon finding a blemish in the merchandise purchased. [Choshen Mishpat 232:4]

One is liable for intentional and unintentional damages exacted on an article belonging to a third party.

One is absolved from paying for unintentional and completely unexpected damage he or she causes.

[Choshen Mishpat 378:1, Sha"ch 2]

The Table and Chairs

While objectively there is nothing faulty with a glass tabletop detached from its frame, Jerry made it quite clear that he would agree to purchase only a table fastened to the wrought iron frame. Consequently, we deem anything short of that a “blemish” in the merchandise. Although Mike did not delude his customers intentionally, nevertheless, the Goodmans did not receive the merchandise they intended to buy. Hence, if they wish, they may rescind the entire deal even if they had already performed a legally binding act of acquisition.

Note: At the time of publication, it was brought to our attention that Jerry may have confirmed the attachment of the glass top merely to verify that the table could be turned on its side without consequence - a detached glass top would then not have rendered the table inferior in any way. We plan to discuss this in an addendum to next week's email.

While Lisa did indeed take an exceptional liking to the chairs, it is clear that the table and matching chairs were part of one purchase.

Thus, if the Goodmans decide to void the sale, they must return the chairs to Mike.

The Umbrella Stand

A person is responsible for his or her actions. Hence, one is liable for intentional and unintentional damage he or she causes. Nevertheless, one is not responsible to take precautions against a completely unintentional and unexpected damage. Our situation is a case in point. Jerry had no idea that the glass was detached from the frame. There was no way he could have taken precautions against damaging the umbrella stand. Hence, he is absolved from the damages incurred as a result.

[Answered by Rabbi Eli Marburger, Lecturer –Fellow-Yesharim Research Center]

The Torah commands us to pay our employees on time:
An employee who finishes the job at night can expect payment by dawn [Leviticus 19:13].
An employee who finished the job during the day can expect payment before dusk [Deuteronomy 24:15].
This applies to rental fees as well [Choshen Mishpat 339:1].

Follow the next few weeks for an exciting series on "Timely Payments".
[Choshen Mishpat 339]

Comments or questions? Have a case to submit? Please send us an email at weekly@projectfellow.org.



To sign up for Rabbi Horowitz’s weekly emails, please click here.


Reader's Comments:      Rating & Comments Policy      Rate & Write a Comment!
 Average Rating:              Rated by 1 user
Subscribe to this Article
(by subscribing you will receive email notification
when new comments are posted)
There are no comments yet. Click above to write the first comment.
Dear Readers:

Please visit our Parenting Resource listing to learn about agencies and services that you can make use of. If you know of an agency that can be of assistance to others, kindly drop an email to our site administrator at admin@RabbiHorowitz.com and pass along the information to him.

I ask that you please consider supporting the work we are doing to improve the lives of our children. Click on these links to learn more about our teen and parent mentoring program that serves hundreds of teens and their families, or our KESHER program, now in 20 schools in 4 states. Your financial support can allow us to expand these services and help more children.

If you believe in the governing principles of this website – to help effect positive change through the candid discussions of the real issues we collectively face, please consider becoming a daily, weekly or monthly sponsor of this website and help defray the costs of it’s maintenance.



Working with Families and Educators on Behalf of our Children

This site is managed by The Center for Jewish Family Life, Inc., 56 Briarcliff Drive, Monsey, NY 10952
Project Y.E.S. was founded by Agudath Israel of America
The Center for Jewish Family Life/Project YES - 56 Briarcliff Drive, Monsey, NY 10952 (845) 352-7100 ext. 114 Fax: (845) 352-9593
email: email@kosherjewishparenting.com


Advertisements