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January 25, 2015 / 5 Shevat, 5775
 
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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.

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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“The issue is not just logistical,” replied Mr. Kahn. “I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime.” (C.M. 5:2; 28:24)

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“I’m still not sure we have a right to damage his property,” said Mrs. Schloss. “Can you ask someone?”

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

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