web analytics
December 27, 2014 / 5 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.



Remnants

Business-Halacha-logo

Rabbi Dayan walked into class and greeted his students. “Good morning! We’re nearing the very end of Bava Kama,” he announced. “Today we begin the final topic, b’ezras Hashem.”

The students opened their Gemaras. “The last Mishnah (119a) discusses a very relevant and common issue in business halacha,” Rabbi Dayan continued. “Read the Mishnah quietly and see if you can figure out what the topic is.”

The students read the Mishnah. Rabbi Dayan turned to Menachem. “What do you say, Menachem?” he asked. “What is the theme of the Mishnah?”

“It talks all about launderers, tailors and carpenters; threads and wood shavings,” said Menachem. “How is that relevant?”

“Think beyond the specific examples discussed in the Mishnah,” Rabbi Dayan encouraged him. “What is the basic issue, the theme, of the Mishnah?”

“It seems to be about remnants,” Menachem answered. “If you hire a worker and there is material left over, to whom does the excess material belong?”

“Excellent, that’s exactly the topic of this last Mishnah,” confirmed Rabbi Dayan. “Before we begin learning the sugya, can anyone provide practical examples of this topic he may have encountered?”

“My parents recently had the bathroom retiled,” said Aharon. “The contractor who did the work charged the tiles directly to their card. There was almost half a box of tiles left.”

“My sister recently got married,” added Benny. “My mother choose a fabric with her at the seamstress, who then went and bought the amount of material she needed. There was a bag of fabric cuttings left.”

“My parents just redid the shingles on the roof,” piped up Chaim. “The contractor just used standard shingles and never really got into their cost. I think he took the extra shingles home.”

“We just had a carpenter build a wooden deck in our backyard,” added David. “We wanted the remaining wood for a tree house, but he only let us have the little pieces.”

“My mother bought fruit for a food-design workshop she gave at our house,” Ephraim said. “Each woman paid $8 for the fruit, and there was a lot of fruit left over. There was a whole discussion what to do with the remaining fruit.”

“We had a gardener lay sod,” Feivel chipped in, “and there were left over squares.”

“You’ve all pointed out how relevant this question is,” said Rabbi Dayan. “What do you think the halacha is? Who gets to keep the remainder – the worker or the employer?”

A big argument broke out in class. “Of course the remainder belongs to the employer,” said Aharon. “He paid for the material.”

“What are you talking about?” retorted Benny. “He agreed on a price for the job with the contractor. It’s not the employer’s business what the materials cost.” Other students joined the argument.

Rabbi Dayan quieted the students. “The answer to this question is very variable,” he said.

“What does it depend on?” asked Chaim.

“Our Mishnah provides some guidelines,” explained Rabbi Dayan. “When a person provides material to a tailor, the tailor can keep small remnants of fabric; large, usable, pieces belong to the employer. The same is true for someone who gave wood to a carpenter. When work is done at the employer’s premises, though, even small remnants are the employer’s.”

“What difference does that make?” asked David.

“When work is done there, the remnants are readily available to the employer, who might have some use even for small ones. Thus, the contractor cannot take any remnants without permission [SM”A 358:14]. Rashi explains, though, that the issue is not the premises per se, but is actually reflective of two kinds of workers. A contracted laborer [kablan] usually works at his own home or factory and is entitled to small remnants; a per diem worker usually works at the employer’s house, and is not entitled to anything.”

“Why did you the law is very variable?” asked Ephraim. “You’ve provided defined guidelines.”

“The specific details of this law depend on trade standards and vary from time to time, place to place, and case to case,” replied Rabbi Dayan. “The Shulchan Aruch summarizes as follows: Whatever the customer is particular about is his; what he is not particular about is the worker’s. In all of these kinds of issues we follow the common practice.” (C.M. 358:10-11)

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 “Remnants”

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
Torah-Hakehillah-121914

Why is the tzitzis reminder on our clothing? How does it remind us that there are 613 mitzvos?

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

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.

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/remnants/2013/07/25/

Scan this QR code to visit this page online: