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Fellow Weekly - Issue 106
WHAT'S THE LAW ™
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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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Case # 207 Rental Rage!
With real estate in Ramat Beit Shemesh at a premium, finding a suitable rental apartment was no easy feat. In fact, Jerome and Betsy Adler finally settled on Nahal Shimshon Street only because a serious attempt to rent a place on Nahal Dolev Street fell apart at the last minute.
The failed attempt had already been on the negotiating table; they had even reached a verbal price agreement. Yet, before any contract was signed or security deposit could be transferred, they received a shocking phone call from the landlord.
"Jerome! I'm sorry to tell you, but I am reneging on the agreement. Last night, I received an email from my brother-in-law - your neighbors in Flatbush, the Brauns - requesting a long-term rental contract for their newlywed kids. I told them that while a long-term rental for a newlywed couple was definitely more appealing to me than a short-term rental to a family with three children, I had already settled on a price with you.
They then countered with an offer I could not refuse: payment of 10% more than the price I negotiated with you. All in all, the Braun option is more desirable for me than renting to you. I hope that you settle on another suitable apartment in time for your expected arrival next week. Bon Voyage!"
Needless to say, the Adlers were extremely chagrined.
1. May the Brauns negotiate on the apartment knowing that there was a verbal agreement between the landlord and the Adlers?
2. May the landlord renege on the verbal agreement?
3. May the landlord reveal the details of the Braun negotiation to Jerome?
What is the law?
Please email us with your comments and answers at weekly@projectfellow.org.Read next week's issue for the answer!
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Case # 206: Camp Controversy!
Recently relocating from Flatbush to Ramat Beit Shemesh's Nahal Shimshon Street, Dr. and Mrs. Jerome and Betsy Adler endeavored to settle their children into an organized and responsible summer regiment as they focused on sweating through the bureaucratic red tape and acclimating to their new coveted surroundings.
Mrs. Smiles, a friendly neighbor eagerly provided Mrs. Adler with pertinent neighborhood information and kindly introduced her to numerous local attractions.
Mrs. Smiles suggested the local Shemesh day camp for the young Adler twins, Aaron and David and even photocopied her own son's camp registration form twice, for the Adler boys. Mrs. Smiles filled out her own son's application and simply asked Mrs. Adler to drop off her form together with her two forms at the camp office.
Eager to repay good for good, Mrs. Adler walked briskly to the camp office on Sunday morning with the three registrations in her hand.
At 11 a.m., Mrs. Adler emailed Mrs. Smiles from her iphone.
"Dear Mrs. Smiles,
I regret to notify you that after submitting my boys' registration forms the secretary emphatically informed me that all available spots are now filled. Hence, there is no room for your son. Thanks so much for the info.
Yours Truly, Betsy Adler."
Reading the email, Mrs. Smiles lost her cool. "How indecent! Here, I give Betsy all this information and then she goes and leaves my son stranded this summer? She should have given in my registration first! Since when should my kindness be at my son's expense?
That's it, I'm calling the camp office and informing them of the behavioral challenges that David could pose...
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What's the Law?
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The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
Mrs. Smiles cannot require Mrs. Adler to forfeit her spot. Telling the camp administration that the David child presents behavioral challenges, in order to damage his reputation, is forbidden. Nevertheless, it would be proper for Mrs. Adler to work something out for Mrs. Smiles.
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Detailed Explanation
Camp Controversy invokes the following laws
1. If A has already extended "significant effort" towards obtaining readily available merchandise, a service, or a position from B; C is forbidden to endeavor to obtain it for him/herself.
If C does so, Beit Din may publicize that C is "evil" and administer punishments, but cannot force C to return the merchandise, the service, or the position to A [Choshen Mishpat 237:1, Pishchei Teshuva 2].
2. Settling on a price is considered "significant effort". A simple inquiry,
request for an application form, or unsettled negotiations are not deemed a "significant effort" [Choshen Mishpat 237: 1, Rema].
3. Do not do to your friend that which you would not want done to you [Maseches Shabbos 31a].
4. Do not spread damaging reports about your friend [Vayikra 19: 17 Rambam: De'os 7:5]
Application
Mrs. Smiles obtained application forms for her son, which is not deemed a significant enough effort towards securing a place for him in camp as to impede Mrs. Adler from getting her sons accepted. Spreading negative reports for the sake of causing damage is forbidden.
Nevertheless, as Mrs. Adler clearly benefited from Mrs. Smiles kindness, basic gratitude, decency, and the mitzvah of ve'ahavta lereacha kamocha - "Do not do to your friend that which you would not want done to you" - would require her to come to a compromise or find a way to placate Mrs. Adler.
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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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