Lying through song at the Shabbos table

Hi,

Some are concerned regarding singing Shabbat songs when the words don't apply, out of concern for uttering falsehood. For example, they suggest not to sing Tzur miShelo, which says "we have imbibed His wine", if one has not personally imbibed wine.

Others disagree with this concern, contending that despite the first-person language, it is meant to refer to what people do in general. Nonetheless, it would be good to sing the song at the end of the meal rather than the middle, to satisfy the language of "we have been sated, and we have left some over".

[Rivivot Ephraim does not address another popular Tzur miShelo question: whether singing this song, which is designed to summarize Birkat haMazon, might qualify as an act of Birkat haMazon in itself.]

(Rivivot Ephraim 1:223:10)

Have a great day,
Mordechai

Verbal commitment to lend

Hi,

A verbal commitment to lend money is binding, due to concern that verbal commitments to perform mitzvot are like vows, and because of the obligation to speak truth from one's heart. However, breaking such a commitment would not lead to liability in court.

(Pitchei Choshen Halvaah 1:16 and footnote 38)

Have a great day,
Mordechai

Lending to an untrustworthy person

Hi,

One who is approached for a loan, and who knows that the borrower is likely to squander the money and default, should either not lend, or lend money with a collateral. However, one may lend money to a pauper with intent to forgive the loan and let it be tzedakah.

One may not lie and say that he has no funds to lend.

(Sefer Chasidim 426; Shulchan Aruch Choshen Mishpat 97:4; Pitchei Choshen Halvaah 1:5 and footnotes 13-14)

Have a great day,
Mordechai

Skipping Pesukei d'Zimra for work

Hi,

One who will be late for work if he recites Pesukei d'Zimra may skip it, assuming that his employer expects him at a specific time. One may not cheat his employer in order to recite Pesukei d'Zimra.

(Rav Moshe Feinstein, Igrot Moshe Orach Chaim 4:91:2)

Have a great day,
Mordechai

A conflict in priorities

Hi,

One who is contracted to work at a job for an hourly wage is not permitted to rise from his work before the elderly or the wise, if rising would reduce his effectiveness at his work. Working honestly for one's employer is of higher priority than rising to show respect.

[Note: I believe that this would not apply to a job in which one was contractually permitted to take occasional breaks like this.]

(Shulchan Aruch Yoreh Deah 244:5)

Have a great day,
Mordechai

Honesty, Justice and a Tisha b'Av Message

Hi,

"So speaks Gd: A wise person shall not honor himself for his wisdom, and a powerful person shall not honor himself for his power, a wealthy person shall not honor himself for his wealth.

"Rather, for this an honored person should honor himself: Take insight and know Me, for I am Gd, who performs kindness and justice in the land. These are the elements I desire; this is the word of Gd."

(Jeremiah 9:22-23, the last verses of the Haftorah for Tisha b'Av morning)

I hope you fasted well,
Mordechai

Taking extra measures to ensure honesty

Hi,

One must go to great lengths in order to prevent even the remote possibility of dishonesty.

Thus a shopkeeper who uses weights on his scale may not store his weights in a medium that might corrode them or otherwise alter their weight, and a cashier is responsible to wipe off the scale each time it is used, lest material from the last weighing remain there.

(Code of Jewish Law Choshen Mishpat 231:11, 13)

Note: The Daily Jewish Law will be on hiatus until after our move, Gd-willing.

Have a great day,
Mordechai

Honest weights and measures

Hi,

One who sells products by weight or volume is obligated to make sure that his receptacles and weights are accurate. This is not dependent on who the consumer is, or what the consumer would accept.

Ahus a merchant is not even allowed to keep inaccurate weights or receptacles around; this is a biblical prohibition.

(Code of Jewish Law Choshen Mishpat 231:1, 3)

Have a great day,
Mordechai

Taxes

Hi,

Assuming tax collection is done in a law-abiding manner (as opposed to random taxation by a private person who has bought the right of taxation from the government), one is not allowed to cheat on his taxes, whether the government is Jewish or non-Jewish. Cheating on one's taxes constitutes theft, as well as desecration of Gd's Name.

(Code of Jewish Law Choshen Mishpat 369:6)

Have a great day,
Mordechai

Benefiting from stolen goods

Hi,

One may not knowingly benefit from the dishonesty of others.

For example, one may not purchase an item that he knows to be stolen. Further, one may not purchase anything from, or accept a gift from, a person who is a known thief, lest he unknowingly accept benefit from stolen property.

(Code of Jewish Law Choshen Mishpat 369:1, 3)

Have a great day,
Mordechai

The authority of government

Hi,

The halachic requirements of honesty apply whether dealing with Jews or non-Jews, individuals or government.

Thus, for example, the Code of Jewish Law rules that if a Jew finds property that has been entirely abandoned, but government law requires that such property be returned, then he must honestly comply with the government's law.

(Code of Jewish Law Choshen Mishpat 259:7)

Have a great day,
Mordechai

Bentching on company time

Hi,

A worker who is paid by time (ie by the hour or day) is required to be extra-careful not to waste time. If he eats, he is not permitted to recite the Birkat haMazon (blessing after meals) beyond the core three blessings.

[This assumes that one is working at a job for which he is only permitted time to eat. However, one who is working at a job in which it is understood that he has a given time for breaks is obligated to recite the full Birkat haMazon during that break.]

(Code of Jewish Law Choshen Mishpat 337:20)

Have a great day,
Mordechai

Local practice and contractual agreements

Hi,

We are taught that all agreements and contracts made with members of the Jewish community are linked to local custom within the Jewish community - meaning that if an issue in the agreement is not spelled out, the default is that the parties will follow local Jewish custom. This applies to goods and services, as well as other points of a contract, such as a laborer's hours.

For example: If one were to open a dry cleaning business, and the local Jewish practice was for cleaners to press garments as well as to clean them, and he only wanted to clean the clothing without pressing, then he would need to stipulate that arrangement at the time when people would give him clothing. To do otherwise would be dishonest.

Note that "local practice" is not something that happened once or twice, and people liked. "Local practice" is defined as something which is common and has happened many times.

(Code of Jewish Law Choshen Mishpat 331:1)

Have a great day,
Mordechai

Truth in advertising

Hi,

We have been discussing Honesty.

One may not beautify a product for sale if the beautification will cover up a flaw, unless consumers normally test the product in a way that will uncover the flaw.

For example: One who is selling a beverage may not add a coloring agent that will mask its dilution, unless it is standard for the consumer to taste the beverage before buying it.

(Code of Jewish Law Choshen Mishpat 228:9-14)

Have a great day,
Mordechai

Honesty about honor

Hi,

One may not perform an act which a beneficiary might think was done in his honor, if it really wasn't for his honor. For example, one may not open a new bottle of wine at a meal, indicating it's in honor of one of the participants, if one would have opened the bottle regardless.

However: If the natural assumption would not be that it was for the honor of the participant, then one may do it without explaining otherwise.

For example: If I come out of my house and encounter a friend down the street, and he assumes that I came out just to greet him, I need not let him know that I was coming out of my house anyway - the normal assumption is that I happened to encounter him, not that I left my house and walked all the way down the street just to greet him.

(Code of Jewish Law Choshen Mishpat 228:6)

Have a good day,
Mordechai

Honesty, Justice and a Tisha b'Av message

Hi,

"So speaks Gd: A wise person shall not honor himself for his wisdom, and a powerful person shall not honor himself for his power, a wealthy person shall not honor himself for his wealth.

"Rather, for this an honored person should honor himself: Take insight and know Me, for I am Gd, who performs kindness and justice in the land. These are the elements I desire; this is the word of Gd."

(Jeremiah 9:22-23, the last verses of the Haftorah for Tisha b'Av morning)

I hope you fasted well,
Mordechai

Inviting a guest who won't accept the inivtation

Hi,

When dealing with other people, one must be sure that they do not misinterpret his actions in a way that will help him. So, for example, one may not make a good impression by inviting a person to a meal or event while knowing that the person cannot attend.

Two notes on this specific case, though:
1. This applies only to repetitive, pressing invitations; asking once or twice is fine and good, lest the person be insulted that he is never invited.

2. This applies only if the invitation actually creates a misimpression. The widespread practice of 'inviting' relatives and distant friends to an event in order to make them feel a part of the celebration is appropriate, because everyone involved understands what is really happening.

(Code of Jewish Law Choshen Mishpat 228:6; Meirat Einayim 228:8)

Have a good day,
Mordechai

Informing a buyer of all defects

Hi,

Yesterday we said that a seller must inform a buyer of all defects.

This rule applies even if the product's defect will not directly affect the consumer. For example, a Kosher butcher may not sell non-Kosher meat to a non-Jew without telling him the meat is not Kosher. Although the non-Jew certainly may eat non-Kosher meat, he thinks he is buying expensive Kosher meat, he assumes the Kosher butcher is selling him Kosher meat and so he is being defrauded.

(Code of Jewish Law Choshen Mishpat 228:6)

Have a good day,
Mordechai

Honest browsers, buyers and sellers

Hi,

We learned yesterday that one may not ask a business proprietor about the price of an item if one does not intend to buy. However: If it is standard practice for people to ask a price without intending to buy immediately, then one may ask the price without intend to buy immediately.

Similarly, one would be permitted to browse store displays without intending to buy, if that were known to be standard practice; the owner understands what is going on, and is not defrauded.

One who is trying to sell a product is not allowed to omit mention of a flaw in the product; he must be up-front and declare the flaw, even if the consumer would not have expected it. This applies regardless of who the consumer is and what his type of conduct is; it is the merchant's honesty that matters.

(Code of Jewish Law Choshen Mishpat 228:6)

Have a good day,
Mordechai

"Just Looking"

Hi,

One example of 'verbal fraud' is to inquire from a business owner about a price, without any desire to purchase the item and without informing him that one has no desire to purchase the item.

(Code of Jewish Law Orach Chaim 228:4)

Have a good day,
Mordechai