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Business Ethics: Opening a Shop Next to a Shop - Rabbi Shlomo Cohen
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Auto-generated transcript. Not time-synced to the video.
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a
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question that often comes up thats
related to a very large topic which is
actually not discussed anywhere in
chaste of benefiting from someone else's
effort
let's say that you've got a shot on the
high street and your shop has been there
for many years
because of the great name that your shop
has
people come from all over town whenever
they want to buy shoes right you have a
shoe shop everyone who needs shoes they
all know that you've got a great shoe
shop and they all come to you
now another guy comes along and opens up
a shoe shop next door to you and
you come to him with it with China's
hang on a sec
everyone that comes around here is
coming because of me they're coming to
my shop you're going to be taking away
my business you have to close up your
shop
is that a valid claim
in Jewish monetary law or not
the Gamorrean moset about the batter
asks the question are you allowed to
open up a shop next to someone else's
existing shop not necessarily in a case
where they have tremendous they have a
tremendous name and attracting large
amounts of people to this store but even
where they're not just in a normal case
where one of the shop owner says there's
not going to be enough business here for
the two of us well I'm not going to be
making that profit if you're here next
door to me
the Gomorrah wants to bring a case to
prove from this case as to whether
there's a problem with opening up a shop
next to someone else to shop or not
the gamal says it tells us a case like
this let's say you're going fishing
you're going fishing you go down to the
river and when you get there you see
that there's already a fisherman there
the fisherman's been there all day
fishing away
when you come to fish says the Gomorrah
you shouldn't stand next in and fish
right next in but you should move down
the river find a piece of river for
yourself and there do your fishing but
don't come and fish next to him why the
first guys been there all day long and
he's put a lot of bait in the water he's
put a lot of effort into catching fish
and the fish are all gathering around
him and why the fish gathering around
him because of his effort for you to
come along and benefit benefit from his
effort is immoral it would seem from
this piece of gomorrah carries on the
gomorrah to say that this doesn't apply
in every case
there's an argument amongst the
different
commentators as to what exactly is the
case here where we're saying that the
second guy could can't come and fish
next to the first guy some say that
the case is talking about a case where
the fish are not just gathering around
the first fisherman the fish are
actually already inside his neck but his
net is still inside the water so he
hasn't taken out his net to actually
make any act of acquisition on those
fish the fish of course our own Alice
right fish dinner in a in a in a river
don't belong to anyone as long as the
river doesn't belong to someone right in
a normal case the fish don't belong to
anyone and we're talking about a case
like that
so the first guy doesn't own any of the
fish yet only when he takes the net out
of the water will he make an active ax
acquisition on some on the fish that are
inside the net while the net is still in
the water
the fish are not yet his nevertheless we
see that someone else shouldn't come
along and take those fish out of his net
another way of explaining the Gomorrah
is
that the case is talking about where
there's one big fish that's got an
underground cave over there
this first fisherman has been looking
after this fish foot looking looking out
for this fish for a long time and he's
found out now where the fish's hole is
and he's put his bait just outside the
hole and it's just a matter of time
until the fish comes out and takes his
bait even though he hasn't yet caught
the fish the fish doesn't yet belong to
him nevertheless seeing as it's
ninety-nine point nine percent certain
that this fisherman is going to catch
the fish it's just a question of waiting
until the fish comes out and takes his
bait so for someone else to take that
fish is not right it's considered as
immoral from here the gamal wants to say
that you see let's compare this case to
the case of a shot I've opened up a shop
on the high street i'm selling shoes
everyone is coming around here all the
fish the fish are my clients to
customers they're all coming around here
because of me maybe they're coming
around here because of my advertising
campaign maybe I spent millions on
advertising and because of that people
are coming to my shop and you now want
to come and open up next door to me and
take away those fish those customers
which are already coming straight
towards me we see from here from this
piece of gomorrah that that's immoral so
that's not the right thing to do answers
the Gomorrah you can't bring a proof
from the case of the fish to the case of
a shot there's a very big difference
between
customers buying from a shop and fish
that are going to being caught going to
be caught by the fisherman what's the
difference the difference is that the
customer's always have a choice to
choose for themselves from which shop
they're going to buy they will come
along they'll see your shop and they'll
see his shop and let them decide you
can't decide for them
human beings have
understanding they have the the free
will to make decisions for themselves
they will decide themselves from which
shop they want to buy the fish has much
less of a choice
and he sees food boom he grabs it he
doesn't have a choice to sit and think I
should I take this well should I take
that don't want to eat this type of food
today or select a different food today
he doesn't really make choices like that
as far as we know so the fish is almost
caught even though he hasn't yet been
caught he's definitely going to be
caught by the fishermen
that's why the attempts of fair ads in
here that for someone else to take away
those fish it's not just immoral he said
the tremendous kedusha he says someone
that takes away those fish from the
first fishermen is a thief
which is a tremendous huge because the
first guy doesn't get on them
nevertheless is a cat Amstell fair it's
almost as if he owns them it's almost
almost he's about to catch them someone
who takes that away it's from him is
considered as a thief in
the case of the shop the people decide
for themselves from where they're going
to buy their their their goods and
therefore that the conclusion of the
gomorrah and the conclusion that
allotted conclusion to of the question
as to whether you're allowed to open up
a shop next to an existing shop is that
you are allowed to and
there's no
problem of morality in doing that unless
what you're doing is something that is
going to definitely close the first shot
if you're doing it and certainly for
doing it with that intention to cause
damage to the existing shop then that's
definitely immoral a lot the right way
for a nice Jewish boy to behave but if
you're not doing it for that purpose
then you wouldn't be considered as
having acted immorally by by by doing so
it's interesting that we should say just
that it's accepted today amongst
economists that's on the contrary having
a large number of shoe shops for example
in a particular area is good for
everyone because that means that the
place becomes a place where everyone in
the whole town that needs shoes knows
that that's the place to go there's four
or five shops there to choose from and
having a large number of the same type
of shop in one area can be good for
everyone right but also it can certainly
be damaging as well and there are a lot
of cases where people come with a claim
that why are you going to open up the
same shop next to me you're going to
cause me damage but let's take it a
specific situation and see if it may be
comparable to the case of the fish
in most major towns you have a central
bus station
the central bus station is something
that may have been built by the bus
company and they built it so that all
the buses that are traveling from our
town outwards they all have a central
place to be
everyone that needs to travel knows that
I'm going to go to the central bus
station and from there i'll get the
buses that i need to ever i'm traveling
around the country
so this central bus station is like a
large next that is attracting all the
travelers all the travelers are coming
then
if someone is now standing in line in
that central bus station
to buy a ticket to take a bus to
somewhere and a driver comes along to
them while they're standing in line
assistant you know leave them come with
me I've got a car waiting outside we're
just leaving for your destination come
with me I'll take you for the same price
so now maybe that situation is similar
to the case of the fish which to hurt am
so fair calls theft
that customer is in the net already of
the bus company he's just about to buy
his ticket once he buys his ticket is a
cocky few guys in front of him in line
as soon as he buys his ticket he's
caught he's been caught by the bus
company's gonna travel with them without
any doubt so for you to come along and
take him away that maybe is similar to
taking the fish out of the net of the
fisherman where the fisherman hasn't yet
taken the net out of the water and that
would be even if it wouldn't necessarily
be considered as theft as the hurt am so
fair said is the case of a case that's
similar to the fish but it would
certainly be considered as having acted
immorally
because here the customer has given up
on that the option of having any more
choice once he's already there in line
as he's already given up on choosing
she's not choosing anymore so here even
though as we
said the difference between humans and
fishes that human how humans have the
truth that always can always change
their mind here it looks like this guy
has really been caught by the bus
company the same thing would apply if in
the case of our two shoe shops if the
second the second shoe shop instead of
putting his shop passively outside and
allowing people to choose into which
shop they wish to go into he comes into
the other first guy shop people in the
first guy shoppers standing in line
after his already chosen issues and he
comes into the shop and he persuaded
them to buy those same shoes from him
water by other shoes from him that also
says the curtains affair would be
similar to the city to the case of the
fish and would be a morally wrong it
couldn't wait would made maybe be even
considered as theft for the second guy
to come into the shop of the first guy
and do that now
even though I said that opening up a
shop next to someone else's shot is
allowed I
made a condition that it's not you're
not doing it intentionally to close up
the other guys shop but it's interesting
that the better Seth brings a case of a
dead-end Road a road with a dead end
we're at the end of the road there's a
shop owner
because it's a dead end road it's a road
as know when either way in apart from
one way in if someone else were to open
up a shop at the entrance to that
dead-end Road right our guy yo CEA's got
his his shop at the end of dead end road
and another guy comes and opens up his
shop at the entrance to that dead-end
Road so now he's closed down the foot
the first guy completely no one is going
to get to the first guys shop
the beit yosef says that even in such a
case it's a it's permitted for the
second guy to open up his shop at the
entrance to that dead-end road even
though here it looks like he is really
going to shut down the first guy shop
but nevertheless it's interesting that
we see in the post him over the
generations that they pass conduces the
jalapao like this case it's called the
case of the BSF that where the second
guy is going to open up his shop in such
a situation that it's gonna close the
first guy the first guy got no real
chance of doing good competition with
him then we wouldn't allow the first the
second guy to open up his shop but I
have to qualify this what about where
the second guy that's opening up is a
large chain of supermarkets
that is going to be selling things
cheaply at prices which the original
shop can't compete with
but you're right is going to close down
the first shop there's not going to be
room for the small little grocery shore
store that we've all been buying from
for the past 50 60 years but what about
the good of the consumer that we're
going to boot if we allow the
supermarket to come to town your right
is going to close down the first shop
the further that the little grocery
store won't be able to compete with him
but it's good for the consumers so what
comes first in the halacha does it do
the consumers come first or does this
guy come first a locker is there a more
says that where the second guy is going
to come and put down prices cut prices
the hall at of then he's doing a good
thing because you're doing something
that's good for the community and
therefore even though there might be a
gloss it might be a clear loss to the
previous shop owner nevertheless the
supermarket is a out to come and you
they can't be shut down and not allowed
to open with the claim that they're
going to cause damage to the first shop
on wherever it's possible in such cases
there are many cases you can imagine in
many small communities
where where there's just not enough
people for there to be more than one
kosher kosher grocery store yeah it
happens in a number of places and then a
second one wants to come and open our so
what do we do so we always try the but i
did i'm always try in such cases to make
sure that the first shop which is going
to be suffering from the second shop is
nevertheless there's going to be some
employment for the previous foot for the
grocery store owner the original grocery
store owner even if it's going to be
sometimes there can be competition
sometimes they can certainly is you
cannot any economists can tell you that
a small shop can sometimes if you
specializes and as special service and
does things in a special way he can
compete with the large store but
nevertheless
barbadian always would try and make a
compromise in such a situation that
the the employment and the power no sir
of the first shop owner wouldn't be
harmed this whole subject of
one person benefiting from someone
else's effort is a very very large topic
it comes up in many many different
situations let me just mention another
one to you and with that we'll finish
off the the sure for today of the case
of someone who's got a job and he's
happy in his job and you are now opening
up your own company and you think this
guy's exactly who you need for your
company are you allowed to take him away
from his previous employer are you
allowed to go to him and say listen I
wanted to come and work for me
here in a way to in a way to your taking
away this worker from the place where
where
he's he's if you like been caught in the
net already of his employer his employer
is employing him he's already there he's
already working there and now you're
coming to take him away he could have
been trained by the first employer and
he could have deployed first employer
might have put a lot of effort into
training this guy in getting him good at
his job and now you want to come and
take him away and have him work for you
so is that too considered as immoral as
I said
leben a user laughs at him that I
college boy who says that the Jewish
people are slaves to me and not slaves
to each other from here we learn that
any employee can quit whenever he needs
to quit
he shouldn't be working no employee
should be working in a situation where
he's considered like a slave to his
employer that he can't leave and that's
one of the
the cardinal principles of freedom that
you can just get up and go whenever you
need to get up and go whenever you want
to get up and go so any worker can leave
whenever he lacked if he's got a
contract there's problems if he's bound
himself in a contract he has to keep the
Condor conditions of his contract but
generally a worker can get up and leave
whenever he needs to leave sometimes
there can be financial consequences to
that if he leaves in the middle of a job
that needs to be finished right there
are so are certainly financial
consequences but a worker generally can
get up and leave whenever he needs to
leave so does that mean that you're
allowed to poach a worker that shooken
off says you are he's allowed to choose
for himself who he wants to work for you
can offer him the job you can say listen
I want you to come and work for me and
that is not considered as acting
immorally
that says the shock on or off what about
if the opposite situation arises what
about if the situation arises where
an employee is already in a particular
job but you want that job you think that
that job is exactly the job for you
you're qualified and you're trained and
you want to get that job for yourself
are you allowed to aggressively approach
the employer and telling listen throw
him out and take me in his place I'm
much better than he is and I'll prove it
to you
are you allowed to do that who is that
considered as acting immorally says the
shoppin off that you're not allowed to
do that you're not allowed to do that
the ploy is already working working for
this person the employee here has got
the employer in his net and it's not
right for you to come and take the
employer away from him now you could
always count with a hanger let the
employer decide for himself as if I as a
prospective employee am sending my CV
I'm sending my prospectus to an employer
then that's not there's no certain no
problem with that and let him decide for
himself i can even approach him
passively and and tell him the the
advantages of employing me but we're
talking about aggressively pushing the
other guy out let's say if the manager
is your uncle and so you're gonna go
there and you're going to say listen
uncle uncle joe throw him out I've just
qualified as an accountant and take me
in his place that
says the show phone off you're not
allowed to do the aggressive approach to
throw him out and take me you're not
allowed to do that similar maybe to the
case of the fish that you're taking the
fish which in this case is the employer
out of the net of the employee so
bizarre to Shem we see from these cases
these few cases that we've discussed
there's much more to talk about but in
these cases of different different
situations that can arise in our
everyday in our everyday lives in
everyday business life or even a life at
home and even the life of a housewife
which are all connected to Jewish
business ethics thank you
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you