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February 13, 2012
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Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
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February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
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February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
August 18, 2008
/ 17 Menachem-Av 5768
Business with Friends
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q: A friend suggested I join him in a business deal. When I suggested a contract, he explained that we're good friends and a hand-shake is enough. Should I be suspicious?
A: You don't have to be suspicious of your friend, but you should certainly be prudent.
It's true that our sages tell us, "Always consider others as bandits, yet respect the, as Rabban Gamliel did." A stranger once sought hospitality at the house of the leading sage Rabban Gamliel; Rabban Gamliel took him in and treated him with honor, but also took away the ladder to the guest's attic room to prevent him from burgling the house. But as the passage goes on to explain, this applies mainly to a stranger. (1) Regarding a friend, it is more appropriate to judge him favorably, as we learn from the verse, "Judge your fellow with righteousness." (Leviticus 19:15.) While the plain meaning is an admonition to the judge to adjudicate righteously, our sages also learned from this verse that we should judge others favorably. (2)
However, our everyday enemies of carelessness, forgetfulness, and misunderstanding are enemies at least as great as deliberate fraud, and perhaps greater. In a few months, you will remember that he intended one investment, and he will remember another. You will recall that you were to get fifty percent, but he will be sure he promised you only forty. If you take your case to court, or even if you decide to make it non-adversarial and go to an arbitrator or mediator, the person will have nothing to go on.
The insight that even honest people are in need of carefully documented agreements is emphasized in the following Talmudic passage:
Rav Yehuda said in the name of Rav: Anyone who has spare money and lends it without witnesses, transgresses the prohibition "Don't put a stumbling block before the blind". Reish Lakish said, he brings misfortune on himself, as it is written (Psalms 31:18?) "Silence befall lips that speak untruth, who speak against the righteous". The rabbis said to Rav Ashi, "[The sage] Ravina fulfills all the rabbis commanded. [Rav Ashi] sent him a message just before Sabbath came in, "Send me ten zuz [a sum of money], for I just found an opportunity to buy a piece of land. [Ravina] sent back, bring witnesses and write a deed. He sent to him, even me?! He sent back, you above all, for one who is absorbed in study comes to forget and brings misfortune on himself.
Rashi explains that the "stumbling block before the blind" is that the borrower may be tempted to deny the loan; "misfortune on himself" is that people will suspect him, the lender, of making a false claim when he tries to recover the loan in court. (3)
Ravina certainly did not suspect Rav Ashi of trying to cheat him. Even so, he points out that even the most righteous people can sometimes be absent minded, and insisted that even among the most trustworthy friends, all agreements should be clearly elaborated and carefully documented.
SOURCES: (1) Kallah Rababi 7:1 (2) Babylonian Talmud, Shevuos 30a (3) Babylonian Talmud, Bava Metzia 75b
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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