[Avodah] Kashrus of a Restaurant Under the Supervision of its Owner

[David Riceman]

Yitzhak Grossman wrote:
> However, your conclusion, that "there is no practical way in halacha to
> run a large firm", doesn't follow.  It is certainly possible to
> establish contractual liability of the owner for his worker's
> misconduct.  Of course, the arrangements would have to be carefully
> constructed by an expert in Hoshen Mishpat to avoid problems of
> asmachta and possibly other concerns (just as a legal contract should
> be reviewed / crafted by a legal expert), but I see no reason why this
> should be impossible in principle.
>   
I agree that it may be possible, and that I expressed my objection 
imprecisely, when I wrote "So the major kashrus agencies, with dozens of 
employees we don't know personally, can run only in a non-halachic legal 
system".  I hope the following is better phrased:

The equivalent of modern large corporations, with hundreds of anonymous 
employees, existed during the Roman Empire.  I have no doubt that the 
Tannaim and those of the Amaraim who lived in Eretz Yisrael were 
familiar with such corporations.  Yet nowhere did Hazal construct the 
contract you postulate.  I conclude that this is because Hazal 
disapproved of such arrangements.

It may be necessary for a contemporary businesman to use such 
arrangements in order to compete with firms owned by non-Jews.  I can 
imagine no such reason for kashrus agencies to do so, when there is a 
viable alternative described by the Aruch HaShulhan, as we previously 
discussed.  Indeed, I deduce from the subjunctives in your post that, as 
far as you know, kashrus agencies have not composed such contracts.

In order for the kashrus agencies to run in the way they do, they are 
adopting methods of which Hazal seem to have disapproved.

David Riceman