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.



Non-Kosher!


Business-Halacha-logo

“Welcome to the bar mitzvah celebration of our dear son, Eliezer,” Mr. Siegel announced to his guests. “The bar mitzvah boy will now make a siyum Mishnayos, which will be followed by the main course.”

The tasty cuisine was befitting of the se’udas mitzvah and enhanced the special aura of the evening.

Mr. Siegel returned home from the bar mitzvah elated. A week later, however, he heard that kashrus certification had been revoked from the caterer. He contacted the local va’ad hakashrus to ascertain what the issue was, and found out – to his great dismay – that non-kosher meat may have been served at his son’s affair!

Mr. Siegel immediately called the caterer. “I heard that your kashrus certification was revoked,” he said. “I understand that it may relate to non-kosher meat served at our bar mitzvah.”

“There were such allegations, which we deny,” said the caterer. “We are working towards resolving the issue with the va’ad hakashrus to restore the certification.”

“I hope that is true,” said Mr. Siegel. “We are very concerned about the possible breach of kashrus that you caused us.”

“Nothing has been proven meanwhile,” replied the caterer. “There is no point in discussing it now.”

Two weeks later, though, Mr. Siegel received confirmation from the va’ad kashrus that non-kosher meat had been used at his son’s bar mitzvah. The caterer’s kashrus certification would not be restored in the near future.

Mr. Siegel called the caterer back. “The va’ad kashrus has confirmed that non-kosher meat was served at the bar mitzvah,” he said. “We demand a refund of the catering cost and compensation for the anguish that you caused us.”

“The bar mitzvah is already a past issue,” replied the caterer. “You were served the menu that you ordered, so that I don’t see any reason to refund the money.”

“We absolutely did not get the food we ordered!” responded Mr. Siegel forcefully. “Non-kosher food is worth much less than the kosher food. Anyway, that’s not the issue; we absolutely will not pay for a non-kosher affair. The whole booking was a mistake; it’s a mekach ta’us.”

“Whether it was a mistake or not, you have nothing to return,” said the caterer. “You ate the food already and benefited from it. At most we are willing to refund the differential in cost between the kosher and non-kosher meat.”

“That will not do,” said Mr. Siegel. “If you are not willing to refund the full amount, we will have to summon you to a din Torah.”

A week later, the caterer received a summons to Rabbi Dayan’s beis din.

“Non-kosher meat was served at our son’s bar-mitzvah,” Mr. Siegel said. “We demand reimbursement for the event.”

“The food was already eaten and enjoyed,” replied the caterer. “Why should I return the money?”

“Serving non-kosher food is a grave sin,” replied Rabbi Dayan. “Whether the seller must reimburse the customer for food that was already eaten depends on the severity of the kashrus prohibition.”

“What do you mean by that?” asked the caterer.

“If the food was non-kosher because of a biblical prohibition – e.g., certain tereifahs, improper slaughtering, meat and milk cooked together – then the seller must refund the full amount of the money, even if the food was already eaten,” explained Rabbi Dayan. “If the prohibition was rabbinic – e.g., certain other tereifahs, cooking by non-Jews, chicken and milk – the seller does not have to reimburse the customer for what he already ate [C.M. 234:3-4]. There are, however, kosher fraud laws that allow penalties and legal remedies for kashrus violation.”

“What difference does it make whether the prohibition is biblical or rabbinic?” asked Mr. Siegel. “Either way it’s not kosher!”

“There are two reasons for this distinction,” answered Rabbi Dayan. “First, on account of the greater severity of a biblical prohibition we penalize the seller for having caused the buyer to sin. Second, even though the buyer ate the food accidentally, if it entailed a biblical prohibition we don’t consider him as having benefited from the food, but rather assume he was repulsed by the thought.” (SM”A 234:4)

“What about an additional compensation for the embarrassment the caterer caused us?” asked Mr. Siegel.

“The Gemara (B.B. 93b) mentions a practice in Yerushalayim that a caterer who ruined the meal paid the owner for his embarrassment,” replied Rabbi Dayan. “The Tur (O.C. 170) cites this Gemara, but it is not recorded by other authorities, and is not accepted as the halacha.” (Pischei Choshen, Nezikin 11:50)

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 “Non-Kosher!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Ayala Shapira, 11, is fighting for her life after suffering burn wounds when an Arab terrorist threw a Molotov cocktail at the car in which she was riding.
‘Slight Improvement’ in Life-threatening Condition of Firebomb Victim
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/non-kosher/2012/05/17/

Scan this QR code to visit this page online: