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 Fellow Weekly -  Issue 126

WHAT'S THE LAW

  

 

 
Encouraging intelligent and entertaining debate at your Shabbat table.
 
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.
 

   

 

 

 

  

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Cases # 233/234 Cancelled Commitments 

 

Mark was looking to advance his administrative career. He and his potential employer, Bestride Rehabilitation Center made up to meet at 11:30 A.M. for an interview in a gourmet cafe on seventy-second street in midtown Manhattan.

 

Mark drove down from Stamford, Connecticut and parked his car in a nearby lot. At twelve fifteen Bestride's administrator called Mark and apologetically asked to reschedule the meeting.

  

After a drawn out courtship, on Feb 9th Rina said yes. Dave arranged for a gala party to celebrate on Sunday the 11th .Dave called the party for 2 PM.

 

Rina had been on an emotional rollercoaster ever since she said yes. Uncertainties and commitment fears escalated. At 1:30, she called Dave and told him that she was not showing up.


 

Does Bestride have to pay for Mark's travel and parking expenses? What about missed work time? Does Rina have to pay for the party?

 

What's the Law? 

 

 

Please email us with your comments and answers at weekly@projectfellow.org 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LAST WEEK'S CASE ♦ CASE 232 ♦ My Skin orv My Kin?

 

"The living room needs some tidying up, darlings. Please make Mommy a pleasant surprise. I've got to fold the laundry. I'll be back downstairs in seven minutes, boys."
 
"Sure thing Mommy," chanted the precocious Berman twins, Yair and Yonatan with a foreboding ringing intone in their somewhat innocent voices.

 

 

"It's awfully quiet down there boys: Is everything all right?" The stern and inquisitive voice emanating from the upstairs down the starwell was met with a deafening silence.

 

Ten minutes later, Mrs. Berman returned. Her mouth dropped wide open in shock but not disbelief! Yair carefully held a scissors in hand and was studiously cutting an M for mommy from a paper. Between Yair and Yonatan lay a freshly cut apron identically matching her designer curtains. Her eyes glanced hard at the curtains and discerned a gouging hole on the bottom of the curtains...Yair! How dare you! "Mommy. It was not me!"

  

A similar painful dilemma has tragically surfaced in almost every generation throughout the long Jewish exile in numerous different forms. One such heart wrenching and difficult to write about example follows. May we merit the final redemption soon.

 

The ghettos were run by Jewish councils, (Judenrat) who were responsible for carrying out Nazi orders.

 

The transports bound for Auschwitz and other concentration camps would come, and the Nazis would ask for 1,000 Jews. The Council's rationalization was, "If we did not send off the one thousand, they would ask for two thousand." Avi was chosen by the Judenrat. He reckoned that he could bribe a council member...but that meant someone else would have to take his place...?

 

History proved however, that not only the one thousand went, but ultimately the two thousand went, too. And not only the two thousand, but the council members went and their entire families went also. By the end of the war, almost all from the ghettos were swept away.


 

 

May Yair say that it was not him, whereby Mommy would know that it was Yonatan?

May the council hand over 1000 to save 2000?

May Avi bribe the council members to save him, knowing that another would have to take his place?

 

 

 

                                                    
What's the Law?

 

 

 

  

 

 

 

 

 

 

 

 

The Answer

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.

 

Yair may tell Mommy he did not do it.

The council may not hand 1000 over.

Avi may not bribe his way out knowing that another would have to take his place.

 

 

 

 

 

Detailed Explanation
 
 

 

My Skin or My Kin? invokes the following laws:

1. If A notices an overflowing river nearing his field, he may divert the water even if by doing so, the water will overflow towards B's field.

  

2. Once the water has entered A's field, A may not divert the flow into B's field [Yerushalmi Bava Kama 3: 1].

  

3. The duke decreed that two of the townspeople should be taxed. Each townsperson may individually try to absolve him/herself from the tax, knowing that someone else will probably end up having to foot the bill.

  

4. Once the duke chooses A to pay the tax; A may NOT persuade the duke to absolve him/her from the tax, knowing that someone else will have to pay in his/her stead [Choshen Mishpat 163, Sh"ach 18].

  

5. False accusations were directed at A. A may not deflect them if B will automatically be incriminated.

 

6. However, if B is in fact the culprit, while A may not say that B is guilty, he/she is permitted to say, "it was not me" [Sefer Chofetz Chaim: Hilchos Lashon Hara chapter 10, Be'er Mayim Chayim 43/ Note: See ibid. Righteous people will often take the blame anyway.].

 

7. It is forbidden to hand a fellow Jew over to the enemy, even in order to save other lives. [Rambam Hilchos Yesodei Hatorah 5: 5 See also, Sefer Alei Meroros from Rav Yehoshua Moshe Aharonson 1996].

 

 Application:  

 

If Yonatan was deserving of reprimand, Yair does not need to take the blame. He may not say that Yonatan cut the curtain but may say that he did not.

 

 The Council may not hand over their brethren. The same dilemma was posed in July 1942. Rav Aharonson ruled that the council should abstain and so they did.

 

 Avi was selected. As Avi's brethren are not deserving of such treatment, Avi may not save his skin by means of causing another to be put on death row

 
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Note:
 
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
 

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