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Giving Precedence to a Jew: Difference between revisions
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##Rabbi Yitzchak Weiss says must choose a Jew even if there is a significant difference in price.<ref>Minchas Yitzchak 3:129:3 based on a Shut Rama 10 discussing the story of the Maharam Padua's printing of the Rambam where Rama says must buy from the Jew despite the higher cost. Shaarim Hametzuyim Bhalacha (Kitzur Shulchan Aruch 62:1 Kuntres Acharon) agrees.</ref> | ##Rabbi Yitzchak Weiss says must choose a Jew even if there is a significant difference in price.<ref>Minchas Yitzchak 3:129:3 based on a Shut Rama 10 discussing the story of the Maharam Padua's printing of the Rambam where Rama says must buy from the Jew despite the higher cost. Shaarim Hametzuyim Bhalacha (Kitzur Shulchan Aruch 62:1 Kuntres Acharon) agrees.</ref> | ||
##Chofetz Chaim says you don't have to take a significant loss.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=56455&st=&pgnum=87 Sefer Ahavas Chesed 5:5] where he explains that the Rama only meant when it was not a significant amount of money. This is based on Tosfos Avodah Zara s.v. V'Rebbe Meir who explains that the Gemora in Avodah Zara talks specifically about a carcass that doesn't have significant value. Ateret Paz 1:3:10 agrees.</ref> What is considered a significant loss? Some say that it is up to one sixth of the price.<ref>Teshuvot Vhanhagot 1:805, Ateret Paz 1:3:10 citing Minchat Yitzchak 3:129</ref>, while others say it depends on what you consider to be a significant amount.<ref>Igrot Moshe YD 3:93</ref> | ##Chofetz Chaim says you don't have to take a significant loss.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=56455&st=&pgnum=87 Sefer Ahavas Chesed 5:5] where he explains that the Rama only meant when it was not a significant amount of money. This is based on Tosfos Avodah Zara s.v. V'Rebbe Meir who explains that the Gemora in Avodah Zara talks specifically about a carcass that doesn't have significant value. Ateret Paz 1:3:10 agrees.</ref> What is considered a significant loss? Some say that it is up to one sixth of the price.<ref>Teshuvot Vhanhagot 1:805, Ateret Paz 1:3:10 citing Minchat Yitzchak 3:129</ref>, while others say it depends on what you consider to be a significant amount.<ref>Igrot Moshe YD 3:93</ref> | ||
##Others say you only have to give precedence to a Jew if they are equal price.<ref>Shevet Halevi 11:322 and Shut Toafos Reim O.C. 22. Ateret Paz 1:3:10:8 citing Yaskil 4:6:2:8</ref> | ##Others say you only have to give precedence to a Jew if they are equal price.<ref>Shevet Halevi 11:322 and Shut Toafos Reim O.C. 22. Ateret Paz 1:3:10:8 citing Yaskil 4:6:2:8. Maharsham in Mishpat Shalom C.M. 189</ref> | ||
##It is just a kind deed, but not an obligation to give precedence to a Jew.<ref>Chikray Lev C.M. 1:139 explains that it is for this reason that the Rambam and Shulchan Aruch never cite this as halachic because it is only a nice deed. This position is supported by the Pesikta Behar. See Teshuvos V'Hanhagos 1:805 and 2:724 where he tries to justify the custom of always searching for the cheapest price by saying it isn't an obligation, but just a kind deed. Ateret Paz 1:3:10 cites the Maharsham in Mishpat Shalom 189 as agreeing.</ref> This position isn't the mainstream one.<ref>Both Tashbetz 3:151 and Sht Rama 10 writes that it is obligatory. [http://din.org.il/2018/04/25/%D7%94%D7%97%D7%99%D7%95%D7%91-%D7%9C%D7%94%D7%A7%D7%93%D7%99%D7%9D-%D7%9C%D7%A9%D7%9B%D7%95%D7%A8-%D7%A4%D7%95%D7%A2%D7%9C-%D7%99%D7%94%D7%95%D7%93%D7%99-%D7%9E%D7%A4%D7%95%D7%A2%D7%9C-%D7%92%D7%95/ Din.org.il] summarizes that the consensus of poskim is that it is an obligation.</ref> | ##It is just a kind deed, but not an obligation to give precedence to a Jew.<ref>Chikray Lev C.M. 1:139 explains that it is for this reason that the Rambam and Shulchan Aruch never cite this as halachic because it is only a nice deed. This position is supported by the Pesikta Behar. See Teshuvos V'Hanhagos 1:805 and 2:724 where he tries to justify the custom of always searching for the cheapest price by saying it isn't an obligation, but just a kind deed. Ateret Paz 1:3:10 cites the Maharsham in Mishpat Shalom 189 as agreeing.</ref> This position isn't the mainstream one.<ref>Both Tashbetz 3:151 and Sht Rama 10 writes that it is obligatory. [http://din.org.il/2018/04/25/%D7%94%D7%97%D7%99%D7%95%D7%91-%D7%9C%D7%94%D7%A7%D7%93%D7%99%D7%9D-%D7%9C%D7%A9%D7%9B%D7%95%D7%A8-%D7%A4%D7%95%D7%A2%D7%9C-%D7%99%D7%94%D7%95%D7%93%D7%99-%D7%9E%D7%A4%D7%95%D7%A2%D7%9C-%D7%92%D7%95/ Din.org.il] summarizes that the consensus of poskim is that it is an obligation.</ref> | ||
#If the non-Jew's store is closer, one should still make an effort to go to the store owned by the Jew.<ref>Maharm Shik C.M. 31. Rav Shternbach in Teshuvos V'Hanhagos 1:805 notes that the poskim do not discuss how far of a distance one must go, and suggests that it is a [[Mil]] just like how far one must go to find a minyan. He does not this is by large or regular purchases, but a one time or small purchase can go to the closer store. Ateret Paz 1:3:10 accepts the distance of a mil.</ref> | #If the non-Jew's store is closer, one should still make an effort to go to the store owned by the Jew.<ref>Maharm Shik C.M. 31. Rav Shternbach in Teshuvos V'Hanhagos 1:805 notes that the poskim do not discuss how far of a distance one must go, and suggests that it is a [[Mil]] just like how far one must go to find a minyan. He does not this is by large or regular purchases, but a one time or small purchase can go to the closer store. Ateret Paz 1:3:10 accepts the distance of a mil.</ref> | ||
#This law does not apply to a Jewish retailer as his income is based on him getting the best price.<ref>Maharam Shik C.M. 31. The same is implied by Chafetz Chaim (Ahavat Chesed 5:5).</ref> | #This law does not apply to a Jewish retailer as his income is based on him getting the best price. However, if they are the same price, the Jew should be given precedence.<ref>Maharam Shik C.M. 31. The same is implied by Chafetz Chaim (Ahavat Chesed 5:5).</ref> | ||
#If there is a Torah Scholar selling goods, nobody is permitted to compete until he sells his goods. This is only true if there are no non-Jews selling, but if there are non-Jews selling, then anyone may sell.<ref>Shulchan Aruch Y.D. 243:4</ref> | |||
==Choosing Who to Hire== | ==Choosing Who to Hire== | ||
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#One must lend a Jew interest free rather than a non-Jew with interest.<ref>Gemora Bava Metziah 70A</ref> | #One must lend a Jew interest free rather than a non-Jew with interest.<ref>Gemora Bava Metziah 70A</ref> | ||
##Some say this is only if it will be an insignificant loss.<ref>Rav Moshe Feinstein (Igros Moshe Y.D. 3:93) says the Gemora Bava Metziah 70A that says a Jew goes first is only referring to a small amount</ref> | ##Some say this is only if it will be an insignificant loss.<ref>Rav Moshe Feinstein (Igros Moshe Y.D. 3:93) says the Gemora Bava Metziah 70A that says a Jew goes first is only referring to a small amount</ref> | ||
##Others say that even though it is a significant lack of profit, one must be willing to lend a Jew (if this isn't your profession).<ref>Sefer Ahavas Chesed 5:5 quotes both opinions. Ateret Paz CM 1:3:10:6 writes at length on this topic. He explains that the dispute between these opinions is whether there's a limit to the amount of lost profit one must incur just like there's a limit to actual losses one must incur. He sides with the opinion that there's no limit for a loss of profit which would exempt one from the mitzvah. One proof for this position is the Ritva, Ran, and Tosfot Harosh on Kiddushin 31b that a son isn't obligated to do kibbud av at his own expense and suffer a loss. Yet, he must be ready to loss a profit even if it is very significant. Rama YD 240:8 cites the Ran.</ref> | ##Others say that even though it is a significant lack of profit, one must be willing to lend a Jew (if this isn't your profession).<ref>Sefer Ahavas Chesed 5:5 quotes both opinions. Ateret Paz CM 1:3:10:6 writes at length on this topic. He explains that the dispute between these opinions is whether there's a limit to the amount of lost profit one must incur just like there's a limit to actual losses one must incur. He sides with the opinion that there's no limit for a loss of profit which would exempt one from the mitzvah. One proof for this position is the Ritva, Ran, and Tosfot Harosh on Kiddushin 31b that a son isn't obligated to do kibbud av at his own expense and suffer a loss. Yet, he must be ready to loss a profit even if it is very significant. Rama YD 240:8 cites the Ran.</ref> | ||
==Links== | |||
#Rabbi Aryeh Lebowitz - [https://www.yutorah.org/lectures/lecture.cfm/815131/rabbi-aryeh-lebowitz/ten-minute-halacha-shopping-at-jewish-stores/ Shopping at Jewish Stores] | |||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Business Halacha]] | [[Category:Business Halacha]] | ||
