web analytics
December 26, 2014 / 4 Tevet, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



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)

“Are there other explanations?” asked Eliezer.

“The Ketzos suggests that the responsibility is on account of the liability of sheves, missed employment, when damaging another,” said Rabbi Dayan. “Nesivos [333:3] suggests that this liability is an institution of Chazal.”

“What if I found another shul to lein in, but with lower pay?” asked Eliezer.

“Sha’ar Shamayim would then be liable to pay the difference between the jobs,” answered Rabbi Dayan.

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.

SocialTwist Tell-a-Friend

Current Top Story
The Al Haeche kosher restaurant in Paris had bullet holes through the front window. Dec. 24, 2014.
Parisian Kosher Restaurant Second Anti-Semitic Gun Attack This Week
Latest Judaism Stories
Grunfeld-Raphael-logo

The court cannot solely rely on death certificates issued by non-Jewish institutions without conducting its own investigation into the facts of the case.

Business-Halacha-logo

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

Rabbi Sacks

Jacob’s blessing of Ephraim over Manasseh had nothing to do with age and everything to do with names

The Glory of Joseph

Slavery was universal; So, why was Egypt targeted in this object lesson?

Rav Akiva Eiger is assuming that the logic of the halacha that both the son and his mother are obligated to honor his father and therefore he must honor his fathers wishes first, is a mathematical equation.

The first requirement is a king must admit when he is wrong.

Reward And Punishment
‘Masser Rishon For The levi’im’
(Yevamos 86a)

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)

Reb Shlomo Zalman could not endure honorifics applied to him because of his enormous humility

Because we see these events as world changing, as moments in history, they become part of us forever.

They stammer “I’m not Orthodox,” as if that absolves them from the responsibility of calling to G-d

It’s fascinating how sources attain the status “traditional,” or its equivalent level of kashrus.

She was determined that the Law class was Dina’s best chance of finding a husband, and that was the real reason she wanted her to go to college.

But who would have ever guessed that Hashem would unlock the key to the birth on same day as the English anniversary of our wedding.

Rabbi Fohrman explores the question of how God communicates with us today.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

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

Business-Halacha-logo

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.”

Mr. Weiss refused to listen and sued Mr. Cohen in civil court.

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

“That’s what I thought, so I returned the money to Aharon,” said Reuven. “But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don’t know whether the $70 was connected to the note, and was Aharon’s for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note.”

On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.

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

Scan this QR code to visit this page online: