“The concept of makkas medina is also relevant here,” said Rabbi Dayan. “The Rama [321:1] cites from the Maharam that in such a case the loss is the employer’s. However, Aruch Hashulchan [334:10] suggests that this applies only if the worker himself was available; otherwise the loss is his. Chasam Sofer recommends compromising.”
“Wow! This is overwhelming,” commented Eli.
“Just as it takes time to repair the effects of the storm,” said Rabbi Dayan, “it will also take time to clarify the complex Choshen Mishpat issues involved.”
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 firstname.lastname@example.org. 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 email@example.com.
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