by Joel Rich
2023 Yarchei Kallah Shiurim
HaRav Chaim Meir Roth 1.16.2023-הקדמה לעני המהפך בחררה
There are four general categories: sales, found/ownerless object (unique opportunity mtzia/hefker), physical effort but no formal acquisition (mnakeh bzait shaking tree), and business bursting competition (emunat chaveiro). The gemara’s calling one who violates this restriction a rasha implies this is more a yore deah issue rather than a choshen mishpat one (else would have said assur). Does the violation take place immediately or only when the property is not returnable?
HaRav Mendy Weinberger 1/23/2023-עני המהפך בחררה – יורד לאומנות חבירו
The chazon ish taught that halacha drives ethics (eg if bet din determines A owes B then that’s ethically correct) but one doesn’t have to overdo histadlut to collect what’s due him HKBH will take care of him.
Generally psak is we don’t prohibit competition (although it may be a midat chassidut not to compete). Some forbid it if it will drive someone else out of business. Poaching others’ customers may also be problematic.
HaRav Dov Kahan 1/30/2023-עני המהפך בחררה – יורד לאומנות חבירו
How does halacha view taking away other’s customers (maharucha)? There may be a difference between what can be enforced and what is appropriate (me-true for life in general). The answer may be a function of how immediate the transaction is, how regular the customer is and the ability to replace the customer. Practical applications discussed (eg cruising bus stops)
HaRav Shlomo Cynamon 2/5/2023-
עני המהפך בחררה – יורד לאומנות חבירו
How does ani hamiha fetch (AH) relate to hefker and is it assur or “just” a bad (rasha) thing to do? Does the individual (must he be an considered (including customers)?
Rabbi Osher Weiss-Agudah Yerushalayim Yarchai Kallah 2023: Shiur Hakdama
The Yarchei Kalla will deal with two main topics: Ani hamihapech (AH) and yored luminate chaveiro (YL). Does AH apply to hefker too or only mekach umemkar (perhaps with an exception for extraordinary opportunities)? Halacha is generally pro competition but how far can you go and not be YL? There is also a special takana of marufia dealing with poaching non-Jewish customers. Always try to do the right thing.
Interesting point – poskim’s attitude towards commercial law often reflected the culture they were surrounded by (me-conscious or unconscious? This is something I’ve said about a number of topics of psak for a while, but I always precede it by lulei dmistifina)
HARAV YAAKOV HILLEL- Yarchei Kallah Psicha
Chizuk for the yarchei kalla – it’s great for chutzniks to come to Yerushalayim to learn tora (me-even better to live here). Stay connected to tora!
HARAV YITZCHOK BERKOVITS-Divrei Chizuk
We should all be happy in our avodat hashem and realize that how we process life is up to us. If we realize HKBH loves us, we will be unconditionally happy.
HARAV YOSEF ELEFANT-Shiur Iyun
Are AH and YL really separate topics? R A Eiger thinks so but perhaps YL is a subset of AH (you can’t be matriarch me in a number of ways, including odor and no parnasa).
Rabbi Nissin Kaplan-Halacha Shiur
There are many causes where it seems AH should apply but is ignored (eg dating, tzedakah, shuls). Some of the determinants will be: passive vs active, hefker vs mekach, ashir vs ani, dvar mitzva vs rshut, everyone looking for a deal vs individuals, requirement vs mdat chassidut, same price vs less expensive, outsider vs local person and how does posek view competition?
Rabbi Shraga Kallus-Agudah Yerushalayim Yarchai Kallah 2023
Attending the yarchai kalla is comparable to being at har sinai.
Agudah Yerushalayim Yarchai Kallah 2023: R’ Meir Tzvi Spitzer
Fascinating history of the debate two hundred years ago over the printing of the Vilna shas in the face of the reprinting of the Slovita shas. Gedolim weighed in on both sides and there were sharp words and accusations. Is the gemara’s fishing case decided based on the fish being hefker or because we are sure the fish would’ve been caught by the first fisherman?
Of particular interest to me – what’s the necessity for asking for a letter of cherem to print with the shas if the halacha would’ve protected against competition anyway? Answer – people are more afraid of a cherem then they are of the halacha (me-we don’t think HKBH saying not to do it is enough??)
Inyanim and Case Studies Halacha Lema’aseh
A three dayan impanel demonstrating that there are multiple understandings of AH and YL! How much due diligence must one do, when is a deal considered committed to, is there a positive to being mvater? How do cultural expectations play a role (“everyone” poaches)…
Shuir Halacha- R’ Yosef Fleischman
An AH being called a rasha means he’s posul leidut. Fair competition is allowed but unfair is not. Examples provided.
Shuir – R’ Aryeh Dunner
One must be very careful in monetary matters! Specific cases discussed including: line jumping, gypsy buses, an agent acting for himself first, and leaving a poisoned sandwich
Rabbi Shraga Kallus- Halacha Shiur
If a shaliach chops for himself is there an issue of AH (eg shidduch). Even if din is on your side, if the minority (eg Rashi) is again you, then that may be what HKBH wants of you (me-how do you know?)
The Chatam Sofer looks at how much tircha the first party expended when determining whether AH applies.
Rabbi Yitzchok Zilberstein- Shuir Halacha
In easy Yiddish with intermittent English summaries. Can you set a trap which will injure/kill a thief? (yes) Are pig manure profits kosher (yes).
Can yeshivot take money from goyim? (not unless its for kavod atzmo (no name on the wall)). The give and take on this had a line that was (to me) the money quote of the yarchai kalla – As a question or pushed R Yz on not taking money, the moderator suggested “quit when you’re ahead”.
Shidduchim and other mitzvot may be exempt from AH, it’s better to do one big aveira then three smaller ones, and mitzvot are better in eretz Yisrael.