S E P H A R D I C Family, Business, & Jewish Life Through the Prism of Halacha VOLUME 5779 • ISSUE XII • PARASHAT VAYEHI • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER selling rights came before Rav Meir Eisen- STEPPING stadt (1670-1744), the author of Shu”t Panim Me’irot (1,78). One merchant slashed his pric- and ON THE GAS: es and was diverting all the business to him- Is it Permitted to Increase Supply to self. The other merchant claimed that this Drive Down Prices? was unfair competition. While it would seem that this case is exactly what the above Mish- Adapted from the writings of Rav Micha Cohn By Dayan Dovid Grossman shlit”a, Rosh Bet HaVaad na praised, Rav Eisenstadt made two distinc- One of the many practical ramifications of tions. He asserted, based on Rashi’s explana- Expired Directives – The Obligation sanctions in the middle east relates to the price of crude oil. This drop or increase is tion, that the high prices in the Mishna were to Fulfill the Deceased’s Wishes attributed to many factors: increased U.S. due to merchants who hoarded produce The Ramban and R’ ‘Ibn Shou’ib write (as does production of oil, lower demand from a to keep supply low and demand high. By a the Midrash) that we learn from Yaakov’s ac- slower China and Europe, manipulation of merchant lowering his prices it would force the oil market by traders, and rhetoric from tions in our Parasha that there is an obligation מצוה לקיים– Saudi Arabia that it is not going to cut output. the other merchants to release their stock to uphold the will of the deceased writes )ח”ב סי’ קכ”ד( The Maharsham .דברי המת Indeed, the law of supply and demand has pile into the market so they could earn a played a great role in economics from ancient profit. This is praised because the merchant that we see that it is a Torah-level obligation. to modern times. In this article we will dis- is reversing the artificial lack of supply cre- cuss a question that has spanned centuries When people write up a last will and testament ated by the merchants. However, being that and continents but in essence remains the they may often not consult with a Halachic au- whiskey in the 1700’s was scarce and highly same. Is it permitted to increase supply or thority, and is invalid (i.e. if one writes that his lower prices at the expense of other mer- regulated, lowering prices was creating an wife will inherit his estate). One must draft a chants? Does the welfare of the community unsustainable situation and would simply play a role? carefully crafted and Halachically valid “Halach- be driving the other merchants out of busi- ic Will”. However, some Poskim maintain that a We begin with a Mishna in Tractate Bava ness. This, reasoned Rav Eisenstadt, the sag- civil will would still be respected after the fact, Metzia (60a). Ribbi Yehuda taught, it is for- es never permitted. as this was the deceased’s will. bidden for a merchant to give out walnuts to Furthermore, the Sages praised the children to attract them to his store or slash The nature of this obligation merchant who lowered his prices because his prices because this is unfair competition. of the communal good. This would make There is a debate among the Poskim: However, Rabbanan, whose opinion is the sense for staple items like grain and produce The Tashbatz understands that the fulfillment final Halacha, disagreed. They maintained where the Jewish community can benefit. of the deceased’s wishes is a form of be- that distributing sweets is permitted and However, liquor is a different story. It is far queathing (a Yerusha), a power that Ha- the merchant who slashes his prices should from a staple item and primarily purchased chamim give him. be blessed. The Talmud explains, just as this by gentiles. For these reasons Rabbi Meir The Ramban (ibid.) under- merchant attracts customers by giving out Eisenstadt ruled that the price cutting was stands it is a Torah obliga- walnuts, other merchants could give out al- unfair. tion. monds or use similar tactics. Furthermore, A hundred years later, Ribbi Hay- spotlight the price reducer is blessed because he will The Sho’el im Palaggi (1788-1868) of Izmir, Turkey, dealt lower the market prices. Apparently, Rabba- U’Meshiv The law and The Law with the same question, just this time with nan viewed lowering market prices favor- A fundamental objective craftsmen. In his response, Semicha L’Hay- (continued of our Even Haezer Chabura ably even at the expense of the vendors. on back) im (HM 16) he discusses whether a dyer is ensuring that all procedures and For hundreds of years Jewish peo- agreements are both halachically and may cut his prices and draw business away legally binding, given the broad implications ple made a living by buying a liquor license from other dyers. Rabbi Palaggi took a in a secular court. To that end, the Chabura from the municipality and selling whiskey more permissive position than the is in contact with lawyers where they expand their primarily to non-Jews. In the early 1700’s a knowledge regarding reconciling civil law with halacha. Panim Me’irot. Firstly, he main- dispute between two merchants over liquor (continued on back) Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] (continued from front pg.) tained that the Mishna’s praise for lowering 12) used the logic of Rav Halberstam and the the market price is not limited to staple items Ba”ch to defend a community which built a The but to anything that the community will ben- public Mikve when there was already a private efit from, like cheaper dyeing fees. Secondly, one in existence (although he then worked he pointed out that if the Jewish community out a compromise). However, the Maharam in will not benefit it does not necessarily mean it Shick (HM 20) strongly questioned how it is prohibited. The Mishna allows distributing could be permitted to directly ruin a person’s Bring the Daf to Life! sweets not because it is a communal benefit source of livelihood. He argued that the public but because the other merchants could do good could justify encroaching on a person’s מסכת חולין .the same. Therefore, the dyer should be per- source of livelihood but not to devastate it mitted to charge lower fees to woo customers In summation, Halacha looks favorably at because it is something the others could do increasing supply or lowering fees in order as well. For these reasons Ribbi Hayim Palaggi to drive down market prices if it benefits the This Week's Topics ruled that the dyer may charge lower prices. community. This is true with staple items like Along the same lines, Rav Hayim Hal- food and fuel and may even be true with oth- RAV AVRAHAM YESHAYA COHEN bestam of Sanz maintained that if lowering er items as well. It is permitted to use tactics ROSH KOLLEL OF KOLLEL OHEL YITZCHOK OF LAKEWOOD prices benefits the public it is permitted even to attract customers like giveaways and sales RAV ELIEZER COHEN if it will drive the competition out of business as long as the competitor could do the same. ROV OF BAIS MEDRASH TIFERES ELIEZER (Divre Hayim 2 HM 54,58,). He based his po- However, if these practices will directly cause RAV YOSEF GREENWALD sition on a ruling of the Ba”ch (Shu”t 60) that a fellow-Jew to lose his livelihood there could DAYAN, BAIS HAVAAD YERUSHALAYIM the communal good outweighs the individual. be a serious Halachic issue involved. Parenthetically, the Levushe Mordechai (1, HM THE MINIMUM AGE OF A CHAZAN דף כ"ד (continued from front pg.) דף כ"ה asks how we The Simhat Yom Tov (Mahari”t Elgazi) writes IS PLASTIC SUSCEPTIBLE TO TUM’AH see from Yaa- that it is to give peace of mind to someone THE “YAKNEHAZ” HAVDALAH דף כ"ו and kov that all who is on his deathbed (just as whatever SHECHITAS SIMANIM: FISH & FOWL דף כ"ז ,people have a deathly-ill person is halachically binding to fulfill the without a Kinyan). DEAD OR ALIVE? דף כ"ח -deceased’s wishes, maybe only children have A case of non-monetary directives or respect to fulfill Kibbud Av Va’Em? Furthermore, ing the wishes of a deceased by non-children MAKING THE CUT דף כ”ט we cannot derive Halachot from what hap- or non-heirs would seem to depend on these A KOSHER ENDING דף ל' .pened before Mattan Torah? Additionally, he opinions asks, the opinion of Rabbenu Tam is that only money that is in escrow is subject to the rule THE SHEVUT YAAKOV of Mitzvah L’Kayem Divre HaMet – that the The Shevut Yaakov discusses a directive of a in a few places that there are two levels of obli- deceased’s directive must be respected. The woman who passed away who that any dis- gation: fulfilling the will of the deceased with re- Poskim follow Rabbenu Tam, how then can pute must be adjudicated in a specific Bet gards to assets in escrow, in which case Bet Din they derive this Halacha from Yaakov where Din. He concludes that although there is no can exert their executive powers, and the obli- there were no assets in escrow? The Sho’el real obligation in non-monetary issues, since gation to do anything in one’s ability to fulfill the deceased’s wishes - even in other matters.