web analytics
February 1, 2015 / 12 Shevat, 5775
 
At a Glance
Judaism
Sponsored Post


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)

“These rules apply if the homeowner bought or paid for the materials separately,” added Rabbi Dayan. “However, if the contractor agreed on a certain total price and bought the materials on his own, the remnants will usually be his. He agreed to give a finished product of this size for this price.” (Mishpetei HaTorah B.K. #130)

“Of course, if the customer grants explicit permission or clearly does not care about the remnants,” concluded Rabbi Dayan, “the worker can keep the remnants in all cases.”

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
Jeremy Bird, working for Israeli campaign outfit V15, shown at Ted Talk, May 20, 2014.
Likud Charges Opponents with Illicit Funding Through US-backed V15
Latest Judaism Stories
Staum-013015

People often think that all they are missing is “just a little more” and then they can be truly happy.

Torah-Hakehillah-121914

The Midrash is teaching a fundamental message of what it means to be a religious person.

Rabbi Sacks

Torah opposes slavery; G-d desires the free worship of free human beings, yet slavery’s permitted-?!

Rebbetzin Esther Jungreis

France allowed Islamists to flourish despite their loyalty to Islamic sharia law not French values

Approximately 18 years ago, my uncle called me into his office saying he had an urgent matter to discuss. I didn’t know what he had in mind.

“Where is God?” asked the Kotzker Rebbe “God is not everywhere but only where you let Him enter”

An Explosion In The Trench
‘With A Glowing Hot Knife’
(Yevamos 120b)

Her first tactic was tefillah; she immediately began to recite one perek after another of Tehillim.

When a miracle occurs that transcends nature, Hashem has broken the laws of nature to create the miracle.

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

Rather than submit to this fate and suffer torture and humiliation, Shaul decided to fall on his sword.

How can the Da’as Zekeinim say this was Hashem’s plan to allow them to become the Torah Nation? We know it was actually a punishment.

A strange midrash of fruit trees surrounding the Nation of Israel as they walked to freedom

Leading by example must be visible, regarding where, when and how-like Nachshon entering the Red Sea

Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

Business-Halacha-logo

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

“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)

A few days, Mrs. Feldman called back. “I would prefer a nice cake rather than the chocolate.”

He sent out a memo to the tenants: “In light of the recent burglaries, we’ve decided to implement additional security measures, including hiring a doorman for the weekends.”

“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.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/remnants/2013/07/25/

Scan this QR code to visit this page online: