[Avodah] Something's Not Kosher at the Matzah Bakery

[Zev Sero]

On 4/04/2011 6:40 PM, Micha Berger wrote:
> On Fri, Apr 01, 2011 at 05:36:38PM -0400, Zev Sero wrote:
>> On 1/04/2011 5:07 PM, Micha Berger wrote:
>>> As a matter of theory, though, is it an issue of minhag hatagarim? I
>>> thought that [was] a way to have qinyanim that are not of one of the
>>> halachic forms, and therefore wouldn't be related to  lo solin.
>
>> AIUI "minhag hatagorim" is a consequence of "kol tnai shebemomon kayom".
>
> This begs the question, though... Is lo solin defined by contract law,
> or by the employee's expectation of payment date?

Surely by his expectation, which is in turn driven by his understanding
of the prevailing custom.


> By saying that tenai shebemamon applies, you presume what I thought was
> the fundamental part of my question question -- that payment time is an
> issue of implied contract terms and/or business norm. If so, why would
> we need a separate issur of lo solin? And since there is a second issur,
> who said it follows the same rules as masa umatan?

Isn't it clear from the Torah that the extra issur comes from the
hardship commonly imposed by breaking this particular contract condition?
Or am I reading too much into it?

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                      - Margaret Thatcher