[Avodah] "Business Law"

[Micha Berger]

On Thu, Dec 08, 2011 at 06:47:27AM -0500, Rich, Joel wrote:
: Hilchot maasah umatan takes up all of one siman and sif in shulchan
: aruch (156-what to do after leaving shul)
: The s"a spends much of the time on using HKB"h's name in vain, the rama
: on partnership with non Jews and the aruch hashulchan on lashon hara.
: I had a few meta thoughts on this but am curious if anyone had any
: insights, thoughts etc. on the placement and topics and brevity.

Well, the actual dinim of masa umatan is in CM 133-152, if you work in
a shituf -- CM 171-174, etc...

So, the brevity might simply because now we're talking about the OC
aspect of being in business, not the dinim of business itself.

Notice that every picks mussar-y topics:

The mechabeir talks about "kol Torah she'ein imah melakhah" but not making
your job your self-definition, and about oaths, expletives and other
sheimos H' lashav work might entice on to utter. Including not partnering
with a kusi, which would lead to taking an oath in the name of AZ.

The Rama loosens the SA's rule against partnering with kusim since they
no longer are idolatrous, but rather the Creater but beshituf. He isn't
really taking on the subject of business partners as toning down an
aside in the SA's discussion of oaths.

Going back to the Tur, I found that he is clearly the SA's source for
choice of topic, with one important addition -- he assures you that
making Torah qeva and one's job arai will bless you with success anyway.

The AhS isn't that short. He also discusses the importance of having
a job, of not making it the iqar, masa umatan be'emunah (added to the
SA's list), not taking oaths, knowing that each person is unique and
how to get along with them (midas hamitzua`), attaching to chakhamim,
ahavas Yisrael, ahavas hager, helping others find teshuvah and mitzvas
tokhachah, being nice to yesomim, almanos, not speaking LH, lo siqom,
and middos in general.

IOW:

The SA is more limited, the OC challenges of masa umatan. And thus he
titles the siman accordingly.

The AhS is saying -- when you leave shul, that's when the challenges
of tiqun hamidos and interpersonal interaction get hard.

Tir'u baTov!
-Micha

-- 
Micha Berger             For those with faith there are no questions.
micha at aishdas.org        For those who lack faith there are no answers.
http://www.aishdas.org                     - Rav Yaakov of Radzimin
Fax: (270) 514-1507