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 37 - Kenny's Kabob House - Business Law and Ethics for the Shabbos Table

Publication: Fellow Weekly Newsletter

  Rated by 1 user   |   Viewed 5689 times since 3/5/10   |   0 Comments
Decrease Font Size Increase Font Size    [ Change Font Size ] Email This Article to a Friend
   

3/5/10

Welcome to Fellow Weekly!

Encouraging intelligent and entertaining debate at your Shabbos 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 lovingly dedicated by the grandchildren of

Moshe Yaakov ben Faige Devorah Burak

Please daven for his full and speedy recovery.

CASE 138: Kenny’s Kebab House

Kenny’s Kosher Kebab House was a fast growing enterprise in the downtown business district of Columbus, Ohio. The Kebab House boasted two large executive banquet rooms, numerous private dinettes, and a general eating area. The friendly ambiance, professional service, and mouth-watering carte du jour drew an impressive crowd of satisfied customers. Nevertheless, the restaurant would experience seasonal ups and downs.

With the arrival of mid-winter vacation, sixteen-year-old Bernie Stein took a job at the Kebab House to help his parents cover the bills, as they were experiencing financial difficulties. He was a hard and responsible worker and took his job seriously. Bernie was happy to be able to help his parents help him.

February 15th was payday and Bernie was looking forward to receive his hard-earned $500 paycheck. Dennis too was looking forward to take home his bimonthly check of $3,000.

Kenny, eager to pay his workers on time, spent the afternoon in his office balancing his books. Time was ticking and Kenny was up against the wall. He was out of meat and had to place a $5,000 meat order to be delivered before dinnertime. A $200 electric bill had to be paid. Dennis and Bernie were both expecting their paychecks, an additional $3500.

Kenny broke out in a sweat when he realized that he had but $3,000 available.

What should Kenny do?

What is the law?

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 137: Grandma's Apples

Grandma Bertha Levy of Toronto was beloved by all of her neighbors. Though her own grandchildren lived far from her Downsview home, Bertha treated all of the neighborhood kids as if they were her actual grandchildren. Grandma would bake granola cookies with them, read them books, teach them to knit, and most importantly, listen to them talk about their experiences. Grandma Levy was never too busy to lend a listening ear.

On Grandmas front lawn grew a beautiful apple tree. Grandma would rock on her chair in its shade and watch the children play hide-and-seek around the tree. Autumn had arrived and the apples were ripe.

“Selma dear,” she called out to the ten year old girl with long braids reading under the tree. “For every bag of apples you pick, Grandma will give you a quarter.”

Selma was a great apple picker and knew the tree well. She climbed all the way up the tree and after twenty minutes, she managed to fill seven bags of apples.

“Selma, you did a fantastic job!” exclaimed Grandma. “Come inside and let me pay you before the day is done. Then we can begin peeling the apples for your favorite apple strudel.”

Grandma scurried over to her pocketbook, looked for seven quarters, but could not find enough change. She had only five quarters and a fifty-dollar bill.

What should Grandma Bertha do?

What is the law?

[Submitted by Rabbi Avi Hess: Member, Fellow-Yesharim Research Center - Jerusalem, Israel]

The Answer

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

If change could be obtained with only a minor inconvenience or financial loss, or if Grandma could borrow the money, she would be required to do so in order to pay Selma on time. However, if it would involve a considerable financial loss or inconvenience, she can pay Selma another time without transgressing the negative prohibitions mentioned last week (see Issue 36). However, she would still lose out on the opportunity to fulfill the positive commandment of paying workers on time [Deuteronomy 24:15].

Detailed Explanation

Overview

An employer is obligated to pay his or her worker on time regardless of the amount of money due [Ahavas Chessed 9:3] or the age of the employee. Adults must take heed when promising children sweets or incentives for performing a service to reward them in the prescribed timely fashion [Ahavas Chessed 9:5 Nesiv Hachessed 16].

An employer is required to incur a nominal loss in order to pay employees in the prescribed timely-fashion [ibid. Nesiv Hachessed 21; Pischei Choshen 9:16]. Additionally, if possible, an employer is required to borrow money or sell merchandise in order to attain the funds in a timely fashion (see Issue 36).

While it is irresponsible to engage a worker without ensuring that funds will be available at the appropriate time [Ahavas Chessed 9:9], the prohibition in the Torah is against withholding accessible funds. In a case where paying on time would involve a considerable financial loss or inconvenience, the funds are not considered accessible and the prohibition would not apply [Pischei Choshen 9:16].

Application

Grandma is obligated to compensate Selma fully before the day is done. She is equally required to incur a nominal financial loss or small inconvenience in order to procure the appropriate change. If she fails to do so, she would forfeit the opportunity to fulfill the positive commandment of paying workers on time, transgress the two negative biblical prohibitions of postponing wages due, and violate the rabbinic prohibition as well (see Issue 36).

Alternatively, Grandma can borrow change from a neighbor or ask someone else to advance payment to Selma before the day is done [Ahavas Chessed 9:7] (she would probably not have merchandise that she could sell in order to pay on time if she did, she would be required to do so).

However, if Grandma would delay payment in order to avoid a considerable financial loss or inconvenience she would not transgress the biblical and rabbinical negative prohibitions of temporarily withholding wages due. Nonetheless, she would still forfeit the opportunity to fulfill the positive commandment to pay a worker on time.

[Answered by the 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.

The Fellow-Yesharim Research Center, located in the heart of Jerusalem, is presently studying the second phase of "Unsolicited Work".

Note:

Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.

Fellow Weekly now reaches hundreds of people worldwide. You can help build a better world. Just invite your friends and family to subscribe to Fellow Weekly. To join this mailing list,

send an email to weekly@projectfellow.org with the word “subscribe” in the subject line.



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