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Giving Precedence to a Jew: Difference between revisions
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#There are four opinions as to when a Jew<ref>Chasam Sofer C.M. 134 notes that precedence is given to a Torah observant Jew as the Torah uses the word עֲמִיתֶךָ, your nation who is with you in the performance of mitzvos. Teshuvos V'Hanhagos 1:805 quotes that the Chazon Ish was strict to buy from a Shabbos observant Jew, even if it was further away.</ref> must be given precedence. | #There are four opinions as to when a Jew<ref>Chasam Sofer C.M. 134 notes that precedence is given to a Torah observant Jew as the Torah uses the word עֲמִיתֶךָ, your nation who is with you in the performance of mitzvos. Teshuvos V'Hanhagos 1:805 quotes that the Chazon Ish was strict to buy from a Shabbos observant Jew, even if it was further away.</ref> must be given precedence. | ||
##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. | ##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</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> | ||
