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April 24, 2014 / 24 Nisan, 5774
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“A number of authorities disagree with the Nesivos and Taz,” replied Rabbi Dayan. “They maintain that the agent is required to cover the lost profit only if he stipulated so beforehand [Pischei Choshen, Pikadon, 12:38; Nachalas Zvi 292:7].

“However, as with many issues of workers, we have to consider minhag hamedina, the current practice of brokers [331:2]. FINRA rules and most broker contracts require that cases of stockbroker misconduct, such as failure to execute, be settled through arbitration. The broker would likely be required to pay part of the loss.”

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 subscribe@businesshalacha.com. 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 ask@businesshalacha.com.

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About the Author: 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 subscribe@businesshalacha.com. 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 ask@businesshalacha.com.


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“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

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“Why is that?” asked Rabbi Brenner. “What happened to the rule of hamotzi meichaveiro alav hareaya (the burden of the proof is on the plaintiff)?”

“People who want to donate will give anyway,” said Mr. Bodner. “Why can’t I also gain from distributing the photo?”

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“We’re hosting a sheva berachos tonight for my niece,” Mrs. Kohn replied. “I’m already late! I don’t even have a minute to take my projector to the office. Would you mind keeping it overnight in your office?”

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