web analytics
April 26, 2015 / 7 Iyar, 5775
At a Glance
Judaism
Sponsored Post


Lost Leining

Business-Halacha-logo

It was summertime. Congregation Sha’ar Shamayim was relatively empty, as many of its members were away in camp or vacationing in bungalows.

The shul had a regular rotation of members who leined, but the gabbai, Mr. Gelb, was having a hard time finding someone this week. “Hello, Mr. Rosen,” he said to one. “We still need someone to lein this week. Any chance you’re around?”

“No, we’re planning to visit our children,” said Mr. Rosen.

Finally, Mr. Gelb decided that he would have to employ one of the few yeshiva boys who were around. After a few phone calls, he finally reached Eliezer.

“We need someone to lein at Sha’ar Shamayim,” Mr. Gelb said. “Any chance you’re available?”

“Yes, I am,” said Eliezer. “Do you pay for the leining?”

“We usually have a rotation of members,” answered Mr. Gelb. “When we need outside people, though, we pay $200 for the leining.”

“Great,” said Eliezer. “See you on Shabbos.”

Later that day, Eliezer received a phone call from the gabbai of another shul, which also needed someone to lein.

“Sorry, but I just committed to lein elsewhere,” said Eliezer. “Let me give you the number of a friend who might be able to help you.”

“That would be very much appreciated,” said the other gabbai.

The following day, Mr. Rosen called back Mr. Gelb. “In the end, we decided that we would visit our children next week. So, if you want, I can lein on Shabbos.”

“Oh, thank you,” said Mr. Gelb. “Meanwhile, I hired Eliezer to lein, though. I have to see if I can cancel him.”

Mr. Gelb called back Eliezer. “It turns out that one of our members can lein this week,” he said. “Is that OK with you?”

“Actually, it’s a problem,” said Eliezer. “Shortly after you called, I had another job offer, which I had to turn it down. Let me check if it’s still available.”

Eliezer called back the other gabbai. “I could be available if you still me to lein,” he said. “Did you find someone already?”

“Yes,” said Mr. Gelb. “We arranged with your friend.”

Eliezer called back Mr. Gelb. “The other shul already has someone,” he said. “I’m not out to cause the shul an unnecessary expense, but here I’m also facing a loss. I’d like to ask Rabbi Dayan.”

“That’s fine with me,” said Mr. Gelb. “Whatever he says.”

Eliezer called Rabbi Dayan and explained the situation. “Would the shul have to pay me for the leining, even if one of the members is now available to lein?”

“It would be most ethical for the shul to uphold its verbal commitment to you,” answered Rabbi Dayan. (See Rema 204:11) “However, even if the shul insisted in having its member lein, they would have a legal liability to pay you for the leining, since they caused you to lose an alternate job offer. However, this would obligate them only in po’el batel, approximately half the amount, since you are spared the time preparing the leining and of leining on Shabbos.” (C.M. 333:2; Taz 333:1)

“I’m surprised that you said the shul would have a legal liability, not just a moral obligation,” said Eliezer. “Isn’t this a form of indirect loss, grama? We learned in yeshiva that mevatel kiso shel chaveiro – one who restrains financial gain from his friend – is considered only grama, which does not have an enforceable obligation.”

“Excellent! A number of acharonim ask your question,” replied Rabbi Dayan. “In fact, the Ketzos (333:2-3) cites the Maharam that one does not a full legal liability for this reason. However, his opinion is not accepted.” (See Pischei Choshen, Sechirus 10[10])

“Why not?” asked Eliezer. “What explanation is there?”

“There are a few explanations,” replied Rabbi Dayan. “Tosfos and the Rosh view this as garmi, a direct cause, for which there is legal liability [SM”A 332:8]. Others explain, based on the language of the Shulchan Aruch, that the liability is one of davar ha’aved in employer-employee relationships. An employee cannot quit a job if it will cause significant loss to the employer; if he does, the employer can employ others at his expense. In parallel, the employer cannot retract in a situation that causes the employee a loss; if he does, he is liable to compensate the employee for the lost wages.” (See R. Akiva Eiger 333:2)

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.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Lost Leining

Comments are closed.

Current Top Story
USAID recipient Tarek Abbas, son of Palestinian Authority chairman Mahmoud.
Abbas’ Son Loses $10 Million Libel Suit in US Court
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In her diary, Anne Frank wrote words that provided hope for a humanity faced with suffering.

Leff-042415

The Arizal taught this same approach, making the point that the Torah would never mention wicked people and their sins if there was not great depth involved from which we are to learn from.

Staum-042415

Humility is not achieved when all is well and life is peachy but rather when times are trying and challenging.

In order to be free of the negative consequences of violating a shvu’ah or a neder, the shvu’ah or neder themselves must be annulled.

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

He feared the people would have a change of heart and support Rechavam.

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

“What a way to spend a Sunday afternoon,” my husband remarked. “Well, baruch Hashem we are safe, there was no accident, and I’m sure there is a good reason for everything that happened to us,” I mused.

The answer to this question is based on one of the greatest shortcomings of man – self-limiting beliefs.

Myth that niddah=dirty stopped many women from accepting laws of family purity and must be shattered

In every generation is the challenge to purge the culture of our exile from our minds and our hearts

Rabbi Fohrman connects the metzora purification process with the korban pesach.

The day after Israel was declared a State, everyone recited Hallel and people danced in the streets.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

Business-Halacha-logo

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

“Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“This sounds like a question for Rabbi Dayan,” said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/lost-leining/2013/08/08/

Scan this QR code to visit this page online: