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Business Ethics: Following the Expected Custom - Rabbi Shlomo Cohen
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Transcript
Auto-generated transcript. Not time-synced to the video.
[Music]
[Applause]
in the previous two shim that we spoke
about in this series on Jewish monetary
law we spoke about a verbal agreement
and we've spoken about a thought in
Jewish monetary law today I want to talk
about a type of contractural obligation
that is not actually written anywhere in
the Torah
but it's something that is customary
amongst
us let me start off by telling you a
story this is a true
story a lady went into a into a
fishmonger shop into a fish shop on a
Friday
morning to buy a nice fish for her
shabas
table she saw in the Fish mongers Fresh
Fish and she chose a really nice big fat
fish and she told the guy in the shop
the worker to cut it
open and clean it for her so she can
take it home and filet the fish so that
she can uh it'll be ready for her to
prepare easily when she goes home the
guy took the fish the worker in the shop
took the fish took out his knives
started cutting it open to clean it and
lo and behold inside the stomach of the
fish he found a pearl
necklace at that moment everyone in the
shop started shouting
Mrs Cohen that's the lady who's buying
the fish started shouting the pearl
necklace is mine I bought the
fish and the owner of the shop started
shouting no no no the pearl necklace is
mine I haven't sold you the fish yet and
even if I had sold you the fish I didn't
sell you a pearl necklace I just sold
you a
fish and by coincidence the fisherman
who caught the fish he was also there in
the shop and he started shouting no no
no the pearl necklace is mine I caught
the fish I found the I acquired the
pearl necklace when I caught the fish
and I never sold you the owner of the
shop that pearl
necklace and the worker in the shop he
also started shouting said no no no
you're all wrong I found the pearl
necklace none of you knew that there was
a pearl necklace there and I found
it so who's right
let me just emphasize that Mrs Cohen
hadn't paid any cash she hadn't ironed
her credit card she hadn't taken
possession of the fish she hadn't
touched it she just said to the worker
in the shop that's the fish that I
want the first question that we have to
deal with before we can decide who the
pearl necklace belongs to we have to
realize we have to decide who the fish
belongs to then maybe we can see who the
pearl necklace belongs to but you might
might see that it might not be so simple
that the pearl necklace is going to go
along with a fish but first of all let's
talk about who the fish belongs to right
now in any business transaction there
are stages there are stages to the
transaction there as we've said there's
the thought that you decide to sell
there's the verbal agreement and then
there's the actual contractual act the
actual change of ownership we know is
only where there's been a contractual
act so seeing as Mrs Cohen hasn't paid
any money she hasn't taken in possession
you would think that she hasn't yet
bought the
fish but I want to show you give you an
example of something I want to show you
something that happens in the business
world I don't know if any of any of you
have ever been to the Diamond Exchange
in ramatan the Tel Aviv Diamond Exchange
there's also a very very well-developed
Diamond Exchange in
anwer all these places were full of Jews
the Jews were the people that were the
big diamond
dealers
in the Diamond Exchange they have a
custom the custom works like this two
dealers sit down over the table they
take out the stones they look over them
they talk about the price when they've
come to a final agreement they say
ma
maa as soon as they said those holy
words of MAA they will never go back on
a deal the deal is
finished any diamond dealer that were to
go back on his word after he said maua
would be thrown out of the Diamond
Exchange he wouldn't be allowed to carry
on making doing business there it's
interesting to note that today when now
in certainly in
antp most of the diamond are not
necessarily religious Jews as they were
a lot of them are Indians and pakistanis
and Chinese and people from all over the
world and still to this day they all say
MAA when they're closing a deal
the custom there is that when you say ma
the deal is finished and you don't go
back on
that if two Diamond dealers were to sell
to go down to the car park to sell a car
to each other and one of them said ma
after they'd agreed on all the on all
the the the the details of the deal how
much was going to be paid Etc from that
moment they would be considered as if
there's a binding deal a change of
ownership even something that you could
never never go back on why because as
far as these two Diamond dealers are
concerned in their mind when you say ma
there's already been a Kenyon the thing
is finished the deal is over there's
nothing more to
discuss they won't go back on their word
that's their
custom whereas if I'm doing if I decide
to buy a car from a diamond dealer and
he says to me
Ma so it doesn't mean anything to me
between me and him we just have a normal
verbal agreement which there's a moral
obligation obligation to keep but there
hasn't been a change of ownership here
right there's just an obligation to
Stand by Your
Word what do we see from here we see
from here that a custom in the
marketplace is binding in Jewish
monetary law that Jewish monetary law
always has to follow the custom amongst
business
people anything that it's accustom that
that is a Kenyon that that is a a
contract ual act we will have to honor
in Jewish monetary law any case between
two Diamond dealers that came to a basin
where one of them wanted to go back on
his word after he said ma Basin would
have to pass and even though it doesn't
actually have a basis in Jewish monetary
law based in with Pasa that there's been
a final binding deal here and there's
not it's just not possible to go back on
your words it's like there's been a
change of ownership already because the
custom is
binding if now with that understanding
we go back to the case of the fish so
tell
me if you walked as a buyer into a shop
and you chose the fish and the guy
started cutting it open for you to clean
it can you now after he's cut it open
say no hang on a sec you know there's a
fatter fish over there I think I want
that one instead I've check changed my
mind you can't change your mind everyone
understands that once the owner of the
shop or the worker it doesn't make any
difference has start cut to cut open the
fish for me I certainly can't now say
you know I'd like to take another fish
if something is wrong with the fish then
of course I can go back on my word it's
a invalid sale right it's a faulty sale
but we're not talking about when there's
something wrong with the fish the fish
is fine everything's good with the fish
the only thing that's wrong is that I
decided to change my mind so I think we
all understand that at that stage of
such a deal you don't change your mind
so therefore even though Mrs Cohen has
not yet paid any money has not taken
delivery of the fish nevertheless a
binding deal has been done and the fish
belongs to Mrs Cohen at this point in
time when the diamond when the when the
pearl necklace excuse me was found
inside the stomach of the fish the fish
belongs to to to Mrs
Coen but does that mean necessarily that
the pearl necklace also belongs to Mrs
Ken it doesn't necessarily mean that and
let me give you an example to prove that
let's say you walk into your supermarket
and on the
floor by the fridge with the milk in you
find a $100 bill lying on the floor
there what do you do are you allowed to
take it do you have to give it to the
owner of the
shop what's your obligation in Jewish
monetary
law the is that we can presume that the
owner of that $100 bill knows that he's
lost it and has already given up hope of
ever getting it
back we have a principle that people
check their pockets all the time people
who have money in their pocket will know
almost immediately when they've lost it
that's a presumption it may not be true
in all cases but it can be presumed says
the
gamorra so the owner has already given
up any hope of ever getting back this
$100 bill because he knows that he
wherever he's lost it someone's going to
just take it if he were to lose it in in
sh or in a Yeshiva maybe he wouldn't
give up hope because he knows that the
place is just full of honest people but
where he's lost in in a public place
he's going to give up hope of ever
getting it back so you have just found
property that is
ownerless so you'd be able to take it
and you wouldn't necessarily be
obligated to give it to the owner of the
shop or to give it to the cashier and
ask her to announce the find something
that in addition of course we have to
say that this $100 bill doesn't have any
signs on it that we can identify through
those signs who is the
owner even if it did had us to have any
signs on it we couldn't rely on them
because just because one person knows
the numbers of that $100 bill doesn't
mean that it was lost from him because a
$100 bill is something that's changing
hands all the time so the fact that it
was by me an hour ago and I knew the
numbers on it doesn't mean that it was
mine when it was lost because maybe five
minutes ago I bought something with that
$100 bill right and it doesn't belong to
me anymore so with something like like a
$100 bill a sign wouldn't work
anyway but the big question that
everyone asks here is why doesn't it
belong to the owner of the shop it's in
his property it's in his
shop why don't we say that his property
will acquire the $100 bill on his behalf
we know that there's a rule that your
your property can acquire things on your
behalf so why doesn't it the shop
acquire that $100 bill for the owner of
the shop there's a number of different
answers to this question one of the
answers which is the one that I want to
take for here from here is that seeing
as the shop owner never knew and never
dreamed that that $100 bill was going to
be there so therefore his domain cannot
acquire such things on his behalf your
domain you're right your domain acquires
things Shalom it says even without your
without you having intention but that's
things that are protected within your
that are protected within your domain
and you had an idea that they were going
to be there what I'm telling you
is that your your domain does not
acquire on your behalf Lost Property
that you never thought was going to be
there whoever finds it first they're the
owner if I had a garden party and
someone comes to my garden party and
they find $100 bill on the floor in the
garden right in a place where probably
didn't you can't presume that it fell
from me the owner of the property they
would be able to take it the fact that
it's in my property doesn't make it
mine anything that belonged to me that
I've lost in my property is mine right I
haven't lost it if it's in my property
even if I don't know where it is right
now but if someone else loses something
there I can't acquire my property will
not acquire that on my behalf because I
don't know it's there there are other
um places that we can prove this
principle from we don't have really time
to do that right now maybe in another
sheer later on I'll also mention another
proof of this rule um but the meaning of
the this rule is that now when Mrs when
when they found the d The Diamond the
pearl necklace inside of the fish so
just the fact that the fish belongs to
Mrs Cohen doesn't mean that the diamond
necklace also belongs to Mrs
Co and if it doesn't belong to her then
who does it belong to it belongs to the
guy that found it because no one
acquired it it doesn't belong to anyone
it's an own it's ownerless property the
first person to find it he's the person
who's going to get it therefore it's the
worker in the shop who's right he's the
one that has acquired the diamond
necklace because he was the first one to
find it let me just with this principle
tell you about another case that
once you understand this principle you
might think you can answer this other
case and I'll show you that there's a
very subtle difference between the
two we got a phone call from someone in
in America their father a the father a
man had just died um a religious man who
had a a bookcase like every good Jew
does at home with all his Jewish books
with all his books for learning and his
son unfortunately wasn't going in the
same way as his father
and after his father died he packed up
all his father's books into a box and
went to his local Rabbi and said here
Rabbi you can take these books I have no
use for
them please take these books and do with
them as you please you can keep them for
yourself you can give them to your
children you can give them to your Sho
do whatever you like with them I'm
giving them to
you the rabbi opened the box after this
after the the the sun had gone open up
the the box he looked through the books
and he saw one book that caught his eye
it looked to him like it was an antique
book he took it out and showed it to to
one of a member of his sh who's an
antique
dealer the guy told him that it's the
first edition of the book no M and it's
worth about
$100,000 on the
market the rabbi was in
shock but now the question
comes what is he supposed to do can he
keep the book for himself or does he
have to give it back to the to the son
who gave it to
him so from the principle that we just
said you might say that the son never
acquired that book it doesn't belong to
the sun it's just like the pearl
necklace that was inside the fish
whoever found it can keep it the domain
cannot acquire on your behalf things
that you never dreamed were going to be
there we said and so therefore let's say
the same with this book The noik that
when the father died the son never
acquired it and when he gave it at the
boxes over to the rabbi the rabbi
acquired that book when he found
it the answer is no because there's a
very big difference between the two
cases in the case of the lady buying the
fish the whole acquisition here is
dependent on people's minds on what was
in her mind whether she thought it was
going to be there or she didn't think it
was going to be there the reason why she
didn't acquire it together with the fish
was because we said she didn't realize
or think that she was going to acquire
such a thing but in the case of of of of
a yusha in the case of an inheritance
when a father dies he can have property
in China he can have property in
Switzerland he can have property in
timbak too it doesn't make any
difference where his property is the
moment he dies all that property belongs
to his heirs according to Torah law or
belongs to his children they don't need
to make any Act of acquisition to
acquire them that we can say that you
can only acquire things that you know
where they are that doesn't apply within
the laws of inheritance that applies
when you and me are doing business
together when I'm buying something from
you I have to know what I'm buying I
can't acquire things that I didn't know
were
there but when I'm doing business with
kesu when he he's the person the person
cavok that is that is that is giving me
that property he is transferring
ownership of that property from the
father to the son he doesn't have any
problems about knowing what's there or
not knowing what's there and so without
any doubt without any Shadow of Doubt
that book belongs to the son when the
father died he inherited that book and
that is the son's property when the son
packed up the books and gave them over
to the rabbi we have no doubt at all
that if he'd known that that book was
there he would not have given it over to
the rabbi you don't give over $100,000
books to your local
Rabbi so we know that it was a mistake
there's no doubt about it at all a
mistake has to be corrected and
therefore the obligation on the rabbi
was to give that book back to the
son a big difference between the two
cases an important principle about what
you can Stand By and what you can't by
and the difference between the laws of
inheritance and the laws of acquisition
thank
[Music]
you