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Case: Reuven bought a franchise from the sar (the ruling local nobleman) to sell alcoholic beverages, on condition that the sar would forbid his constituents from buying from anyone else, which he did. Shimon bought a franchise from a neighboring sar. Non-Jewish villagers from Reuven’s region have approached Shimon about buying from him, which hurts Reuven’s investment/livelihood. May Shimon sell to them?
Ruling: If Shimon would go out of his way to attract Reuven’s customers with special deals, all the opinions in Bava Metzia 60a would agree that this would be forbidden. However, if he is passive, it does not appear to be encroaching on Reuven’s ma’arufia (special business standing with a non-Jew) (see S’ma 387:10). There is a distinction in that there the one whose livelihood is affected is not losing money but is just not getting as much profit as he could, whereas here Reuven spent a great sum of money in buying the franchise. However, that distinction is not a factor in the gemara (Bava Batra 54b) that serves as the source for those who say that one is allowed to deal with the non-Jew with whom his friend has a ma’arufia. Even those who do uphold the exclusive rights of the Jew with the ma’arufia should agree in this case, where Shimon did not act to encroach upon Reuven.
However, there is a different reason to forbid Shimon to sell to Reuven’s customers, and that is dina d’malchuta dina (the law of the land is binding). Reuven’s sar forbade upon his constituents to buy beverages from anyone other than Reuven, and this is something he has authority to do. Thus, anyone who does not respect the franchisee’s rights is stealing from the one who the sar authorized. In such a case, the non-Jewish villagers who approach Shimon are stealing in a way that arguably makes them guilty of a capital offense according to Noahide laws. (There is what to consider because the "theft" is in lack of payment, not stealing an object). Therefore, Shimon is causing these villagers to do a sin, and it is forbidden to cause others to sin even if they are not Jewish if they are violating it only through his participation (see Avoda Zara 6a). Therefore, Shimon is obligated to protest the villagers’ interest to buy from him, not participate with their improper attempt to buy from him.
P'ninat Mishpat (831)
Various Rabbis
361 - Rabbinic Functions Without Being Appointed
362 - Passively Taking from Another’s Franchise
363 - The Price of a Practical Joke
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
