[Avodah] Misayei'a L'Dvar Aveira - cashier situation

Doron Beckerman beck072 at gmail.com
Thu Jul 31 04:51:37 PDT 2008


>> If a Jew works as a cashier for a supermarket and another Jew asks them
to ring up some bacon, saying it's for
breakfast, what's the halocho? <<

According to Sefer Binah VaDaas, the guidelines for this sort of thing are:

a) If the fellow can get the Issur on his own - comparable convenience and
comparable price - there is no LIfnei Iver and only potential Mesayei'a
MiDerabanan (or perhaps someting akin to Chizuk Y'dei Ovrei Aveirah)
according to some Rishonim, and a Baal Nefesh Yachmir (Rema YD 151:1).
There may be an additional  Kulla in a case where there is no Siyu'a at the
time of the Aveira itself. (See Shu"t Binyan Tzion 15, Ksav Sofer YD 83).

This is all if he can get the Issur from a non-Jew, but if the only other
option to buy it is from another Jew it reverts back to Lifnei Iver D'Oraysa
(based on Mishneh LaMelech Malveh V'loveh 4:2 and R' Aharon Kotler, your
Posek may differ, seems Ritva in Bava Metzia disagrees).

All of the above is talking about a direct seller-buyer transaction, maybe
someone can think of why a cashier is different - seems like it is still
some sort of Siyu'a, but I don't know.

I would think if there is a supermarket situation there are non-Jewish
cashiers, and if it is a Mom and Pop kind of grocery there are probably
others around, if it's the only one in Yehupitz and it will cost the guy
more time and/or money to get it elsewhere, it seems like a serious Shaalah.
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