|
Welcome to Fellow Weekly! 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. Dean: Rabbi Yitzchak Berkovits Executive Director: Rabbi Yosef Y. Ettlinger
|
Your
dedications and/or generous contributions
will help us implement the new exciting worldwide educational programs
in the making. Together...for a better world
Tax - deductible donations may be made payable to: Minyan Avreichim
6902 Dorset Place, Baltimore, M.D. 21215
New:
To subscribe to our New Yiddish Newsletter please email weekly@projectfellow.org and write YID in the subject.
 To join
this mailing list, please click here or
send an email to weekly@projectfellow.org with the word subscribe in the subject line. |
CASE 143: No Kidding!
"It's clean up time. It's clean up time", sang Morah Helen
Krieger with her twenty-five delightful preschoolers before the morning break.
Generally, Helen had a good handle on her four-year olds. Her
young saplings would naturally gravitate to her charm and spunk. Keeping a
momentum and order in the classroom was one of her strong points, which greatly
enhanced her overall classroom management.
Today though, things seemed to be a little more challenging.
Shira and Dini were oblivious to all of the
excitement around them. There they sat planted
on the floor in the back of the doll corner for a half hour. With serious
streaks across their cute little foreheads, their young imaginative minds carried
them far over the rolling hills and across the rushing Mississippi,
- miles away from their classroom in Seward
Park, Seattle. In their own little world, they seemed
to be wheeling and dealing and playing important roles in unfolding world
events.
While the rest of the children continued cleaning up the
toys, Helen tiptoed over to Shira and Dini's little world.
It was not long before their little world became her big world... Shira
and Dini were renting silver gowns and matching shoes for a wedding in New York.
Suddenly, Shira and Dini noticed Mrs. Krieger and turned to
her with excitement in their eyes. Dini piped up. "Shira's mommy's brother Dani
Lev and my mommy's sister Rina are getting married in New York..."
That night, Helen Krieger called up the two mommies and told
them about the funny game that their children were playing that day.
In less than an hour, the two mommies were on the phone and
off to work they went.
Four months later Shira and Dini cleaned up their toys and
were off to rent silver gowns and matching shoes for the Lev wedding in New York.
- Who receives the matchmaker's remuneration? What is the law? [Based on a true story]
Please email us with your comments and answers at weekly@projectfellow.org. Read next week's issue for the answer!

|
|
LAST WEEK'S CASE
CASE 142: Matchmaker, Matchmaker!
Leah
Steinberg from Glenhazel, Johannesburg
was not getting younger. Finding the
suitable match was like looking for a sugar granule in a hedge of thorns. She
worked hard to keep a positive attitude throughout this difficult and seemingly
endless period of her life. Leah would
capitalize on her quite moments alone to think of others in need, improve her
character, and strengthen her faith. From
time to time, she would reflect on how much she accomplished over six years of
dating. . It seems that the challenges of life had made her in to a much more
thoughtful, stronger and refined person.
These precious moments would infuse her with courage to persevere and
face her challenges with a smile and determination.
Leah's
next-door neighbor, Kate Hellman, ran a free food pantry from her home on the
corner of Mansion St.
and Carron Rd.
for the neighborhood's needy. Aaron Berger from Percelia Estates would
volunteer on Monday afternoons for Kate.
Aaron was a handsome able-bodied young man with a heart of gold. Kate knew Leah well and thought that Aaron
would be a great match for Leah.
On
February 5, 2006, Leah received a phone call from Mrs. Hellman. "I have
something I think that you would enjoy, waiting for you in my pantry. Please, Leah
meet me in the garage next Monday
afternoon."
Aaron
and Leah's dating experience was short lived. After three dates, both seemed
uninterested in continuing. Life went back to normal.
Three
years later, in the summer of 2009, Aaron decided to take a well-earned
vacation to Israel.
He bought an El Al ticket and counted the days for his visit to the Holy Land.
Aaron
arrived at Johannesburg
International Airport.
He approached the El Al check in counter and asked for an aisle seat so as not
to bother his neighbor should he need to stretch his legs. The flight attendant
graciously offered Aaron the last available aisle seat.
Aaron
boarded the plane, approached his seat and almost fainted. Sitting right next to him was none other than
Leah Steinberg.
Today,
Aaron and Leah Berger instill their happy marriage with all the fine qualities
they developed over the years.
- As their initial matchmaker, do
the Bergers have any financial responsibilities to remunerate Kate Hellman for having first brokered their
match or do we let bygones be bygones?
What is the law?
 |
The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
Aaron
and Leah must remunerate Mrs. Hellman 1/3 of the matchmaker's going rate for
initially having set them up, provided their original encounter played a role in
their striking up serious conversation on the flight.
|
Detailed Explanation
To
answer "Matchmaker, Matchmaker", it is important for us to:
A)
Identify the basis of the time-honored custom to remunerate matchmakers
for their work
B)
Configure the value of the service Mrs. Hellman may have provided
C)
Quantify the termination of the matchmaker's service.
Typically,
a matchmaker brings the bride and groom together by
1)
The respective parties requesting the matchmaker's services, or
2)
The matchmaker suggesting a prospective match and offering to render his or her
services.
Thus,
a matchmaker, [Choshen Mishpat 185: 6, Pischei Teshuva, 185:10] like
any broker [Biur HaGra ibid. 13]
or sales agent, can provide one of two categories of service:
1)
Solicited work, or
2)
Unsolicited work
We
have noted in previous issues [See Issues 14, 19, 29, The Case of the Baffled
Babysitter- Special Edition, 39] that one is generally
required to pay for receiving benefit from an unsolicited
service that he or she would otherwise have willingly paid a third party to
perform.[Choshen Mishpat 375:1
(Note: See Issue 40 for a list of exceptions)]
To
this date, people willingly hire matchmakers to assist them in their quest; consequently,
the bride and groom must remunerate a matchmaker who initiated his or her
services, just as they would owe anyone who provided them unsolicited work for
which they would have been willing to pay.
The
amount due for receiving matchmaking services is, like all employment rates, subjective
to the custom of the local society [Choshen Mishpat 333:1]. - B. Configuration:
Like
a real estate agent, the job of a matchmaker can be multifaceted:
1)
To introduce the parties
2)
To aid in negotiations
3) To ensure the prospective relationship materializes
[Pischei Teshuva, 185: 10]
Should
the relationship materialize, each facet performed, earns the matchmaker one
third of the going rate [ibid.].
Again,
the amount due for receiving matchmaking services is, like all employment
rates, subjective to the custom of the local society [Choshen Mishpat 333:1].
- C. Quantification:
Undoubtedly,
a matchmaker provides information, which could be of value later, whether or
not he or she is involved in brokering and/or actualizing the relationship.
The
question at hand is, "Are the prospective sides forever beholden to the initial
information provider?"
The answer is one that
demands a level of personal honesty.
If the prospective sides close the file,
they owe nothing to the initial matchmaker even if they subsequently meet
again. If, however, they never fully closed
the file, or else, the first encounter nevertheless enhances the second
meeting, they owe the initial matchmaker his or her share for introducing them
to each other.
A regulation of Prague, which became the
accepted custom across the Jewish spectrum, was to award the initial matchmaker
should the prospective sides have met again within the same year.
Within the same year,
we can assume that the two parties consciously
or subconsciously never really parted ways. Hence, the initial matchmaker deserves
his or her due share. However, once a
year elapsed we can assume that both sides have parted ways seriously, and any
subsequent relationship formed is independent of the initial matchmaker's
efforts.
Nevertheless, as
inferred above, if the prospective sides know within themselves that their original
encounter enhanced their subsequent meeting, they would be responsible to their
initial matchmaker even after a year has passed.
Application:
For all intensive
purposes, Aaron and Leah forgot about each other after their first dating
experience. Three years passed until
they chanced upon each other in the air. Objectively, Mrs. Hellman's services terminated
with no success. They therefore must remunerate Mrs. Hellman only if their original
encounter played a role in striking up serious conversation on the flight. Should it have played a role, the Berger's
would be liable to pay Mrs. Hellman 1/3 of the going matchmaker's rate, for
having introduced them to each other.
[Answered by Rabbi Eli Marburger, Halachic Advisor, Fellow-Yesharim Research Center] |
|
|
"Your Money: At the Western Wall" Custodial Responsibilities Part III Sunday, March 14th 7:25 P.M.
for information and updates about this exciting weekly class
email: westernwall@projectfellow.org |
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. Fellow Weekly now reaches over a quarter of a million people worldwide via various publications. You can help build a better world. Just invite your friends and family to subscribe to Fellow Weekly.
To join this mailing list, please click here or send an email to weekly@projectfellow.org with the word subscribe in the subject line. |
A project of Fellow-Yesharim
 105/21 Sanhedria Murchevet, Jerusalem ISRAEL 02-581-6337 USA 845-335-5516 | |
|
|
|