Unfair Competition: Difference between revisions
From Halachipedia
No edit summary |
|||
| Line 63: | Line 63: | ||
#If someone has made an effort to acquire a free item, some say it is wrong for someone else to beat him to it and "steal it."<ref>Rashi Kiddushin 59a s.v. ani, Ramban Bava Batra 54b. See also Rashbam Bava Batra 54b</ref> Others permit this if there's only one of the kind of that free item.<ref>Tosfot Kiddushin 59a s.v. ani</ref> | #If someone has made an effort to acquire a free item, some say it is wrong for someone else to beat him to it and "steal it."<ref>Rashi Kiddushin 59a s.v. ani, Ramban Bava Batra 54b. See also Rashbam Bava Batra 54b</ref> Others permit this if there's only one of the kind of that free item.<ref>Tosfot Kiddushin 59a s.v. ani</ref> | ||
#Everyone agrees if the first person put in effort<ref>Masat Binyamin 27 writes that the amount of effort necessary for it to be considered forbidden for the second to take the free item is only if the first person anticipated that he would certainly get it. See Chatom Sofer 79.</ref> to acquire the free item and he anticipated getting it the second one may not take it from him.<ref>Mordechai Kiddushin 524, Ritva Kiddushin 59a</ref> | #Everyone agrees if the first person put in effort<ref>Masat Binyamin 27 writes that the amount of effort necessary for it to be considered forbidden for the second to take the free item is only if the first person anticipated that he would certainly get it. See Chatom Sofer 79.</ref> to acquire the free item and he anticipated getting it the second one may not take it from him.<ref>Mordechai Kiddushin 524, Ritva Kiddushin 59a</ref> | ||
#Sephardim hold that the second person shouldn’t even take a free item, while Ashkenazim hold that the second person could take a free item and the principle of ''Ani Hamehapech Bcharara'' only applies to sales or rentals.<ref>Shulchan Aruch CM 237:1 quotes Rashi and Rabbenu Tam and Rabbenu Tam as second. Rama sides with Rabbenu Tam.</ref> | #Sephardim hold that the second person shouldn’t even take a free item, while Ashkenazim hold that the second person could take a free item and the principle of ''Ani Hamehapech Bcharara'' only applies to sales or rentals.<ref>Shulchan Aruch CM 237:1 quotes Rashi and Rabbenu Tam and Rabbenu Tam as second. Rama sides with Rabbenu Tam. Rav Ovadia Toledano (Mishpat Hakinyan v. 4 p. 77) writes that Sephardim are strict for Rashi but the primary halacha is like Rabbenu Tam even for Sephardim. Those who think that Shulchan Aruch held like Rashi: Bet Yehuda CM 52, Erech Hashulchan 237, and Zichronot Eliyahu (Ayin p. 161). However, many think that Shulchan Aruch held like Rabbenu Tam since in C.M. 237:2 he quotes Rabbenu Tam. This point is made by Sma 237:8 and Netivot Mishpat 237:2. He also cites Maharam Elshiech 67, Rama Mpano 67, Rav Chaim Palagi (Chafetz Chaim 45). </ref> | ||
#According to Sephardim it is only relevant once the first person already put in effort to acquire the free item and not just if he saw it.<ref>Pitchei Choshen Geneva ch. 9 fnt. 30</ref> | #According to Sephardim it is only relevant once the first person already put in effort to acquire the free item and not just if he saw it.<ref>Pitchei Choshen Geneva ch. 9 fnt. 30</ref> | ||
#Even according to Ashkenazim, there is a principle of the second person not stealing the free opportunity from the first person if he already put in an effort and was confident that he would acquire it.<ref>Pitchei Choshen Geneva 9:13 based on Rosh</ref> | #Even according to Ashkenazim, there is a principle of the second person not stealing the free opportunity from the first person if he already put in an effort and was confident that he would acquire it.<ref>Pitchei Choshen Geneva 9:13 based on Rosh</ref> | ||
