February 13, 2012 Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away Danielle Kurtzleben: The Peace Process is over. Finally Susan Johnston: The Myth of Economic Inequality Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market The Kosher Gourmet by Diane Rossen Worthington: Farro Salad: An ancient grain is now new again as the base of a tasty tangle of flavorsome vegetables, chickpeas and salami February 10, 2012 Rabbi Nathan Lopes Cardozo: The biblical case against small-mindedness involved diminishing His precious prophet Caroline B. Glick: The Peace Process is over. Finally Lisa M. Krieger: Man with defibrillator demands access to his own heart's information David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage Rachel Koning Beals: Gen X Women Continue to Shrink Gender Investing Gap The Kosher Gourmet by Faith Durand: Who Says You Can't Make Restaurant Favorites at Home?: MANGO AND STICKY RICE February 9, 2012 Jeff Strickler: An argument a day keeps the divorce away, they say Clifford D. May: CAIR's Crusade against The Third Jihad Melissa Healy: Study finds jolt to the brain boosts memory Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts) February 8, 2012 Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat Steven Emerson: Planting Trees is Racist?! Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups Anne Applebaum: Russia's Potemkin democracy Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets) February 7, 2012 Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful Caroline B. Glick: Obama's rhetorical storm 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 Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design David Francis: How to Avoid an IRS Audit The Kosher Gourmet by Emma Christensen: These homemade energy bars (3 recipes) are far better workout fuel than commercial ones, packing power and taste February 6, 2012 Scott Peterson: Iran's top ayatollah: We're trumping the West 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 Philip Moeller: Where Smart Investors Put Their Money Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard? The Kosher Gourmet by Joseph Erdos: Vegetable Frittata --- leftovers never tasted so scrumptious February 3, 2012 Rabbi Dr. Warren Goldstein: Living with ideals --- in reality Caroline B. Glick: Fool me twice Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US Kimberly Palmer : 8 Ways to Get Ready for Retirement Now Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory February 2, 2012 Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry 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 Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips Tina Susman: For woodchuck rescuer, every day is Groundhog Day The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor February 1, 2012 Nara Schoenberg: What to do when you've been dissed Michelle Malkin: First, They Came for the Catholics Brian Bennett: US officials see increasing threat of domestic attack from Iran Lisa M. Krieger: Possible breakthrough in preventing Alzheimer's Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures Susan Johnston: 5 Apps for Organizing Your Expenses at Tax Time The Kosher Gourmet by Mario Batali: The famed chef's Broccoli and White Bean Soup can easily be a lunch in itself, or a nice antipasto --- and is hard to mess up January 31, 2012 Paul Greenberg: Separation of Church and State works two ways Caroline B. Glick: Hamas and the Washington establishment Frank J. 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Jewish World Review Sept. 8, 2008 / 8 Elul 5768 How far must one go to help somebody out of a contract? By Rabbi Dr. Asher Meir http://www.JewishWorldReview.com | Q: I rented out an apartment. A prospective tenant gave me a deposit, but then cancelled. He gets the deposit back if I find a new tenant. Do I have to look for a new tenant, or can I just pocket the deposit? A: Your question deals with a concept known in secular law as "mitigation". When one party is liable for loss caused to another, typically the person suffering the loss has an obligation to mitigate the damage before holding the other responsible. When someone cancels a rental agreement on short notice, he causes you a loss because if he hadn't grabbed the apartment you would have found someone else. The question is if now you have the obligation to make an effort to find someone else. I am sure that different jurisdictions have differing laws on this topic; my column is not meant to give legal guidance but rather ethical guidance based on the principles of Jewish law and tradition. We find in many cases that Jewish law obligates a measure of mitigation. Here are some examples: If an employer has to suddenly cancel a hire, and the employee is stuck without work for that day (or week, or month) then the employee is entitled to compensation. However, the employee is obligated to make an effort to find alternative work; only if he is unable is he entitled to compensation. Likewise, if the worker suddenly leaves the employer in the lurch, the employer can make the employee liable for a loss, but only if he cannot find alternative workers for comparable pay. (1) Here is a parallel situation: The rabbis taught: if someone hires a ship but unloads in the middle of the way, he has to pay half the rental and the owner has [no monetary claim but] only resentment against him. What is the case? If the owner is able to find someone else, then why is he resentful? And if he is unable to find someone else, he is liable for the entire amount! Even if he is able to find someone else, he is resentful because of the extra strain on the ship [from loading and unloading]. (2) Once we acknowledge the need for mitigation, we still need to ask who has the responsibility, and the right, of mitigation. We could imagine in the above cases that the worker doesn't have to seek alternative employment, but that the employer is empowered to look on his behalf. Or that the employer doesn't have to look for replacement workers, but the quitting workers are empowered to give him some. In the case of the ship, we could imagine that the reneging passenger would be enabled and required to find a new passenger to take his place. In fact, this is what we find by house rentals. The lessor is not required to look for a new tenant, but the lessee is empowered to find another tenant to take his place. The Shulchan Aruch (authoritative Code of Jewish law) writes: Just as the lessor has to give notice, so the lessee has to give thirty days notice in the city, or twelve months in the country, in order to give [the lessor] the ability to find a new tenant and not leave the house vacant. And if he didn't notify, he can't leave, rather he has to pay the rental. Or he can put in someone else in his place. But if he wants to give someone unsuitable, the lesser does not have to accept him. (3) There are various explanations as to why the damaged party is responsible for mitigation in one instance, and the responsible party in others. The simplest is that it is fairest to impose the duty on the reneging party, who is after all at fault, but that in the case of a worker or passenger, there is more of a problem of some candidates being unsuitable; some workers may do poor work and some passengers may have problematic merchandise or conduct. But most tenants are pretty much alike. So within the framework of Jewish law, you don't have to look for a tenant, but you have to allow your canceling tenant to do this. It would be fairest for you to also make an effort to find a replacement, and this would also be wisest since it would enable you to find a tenant you like. SOURCES: (1) Babylonian Talmud, Bava Metzia 76b and Tosafos commentary. (2) Babylonian Talmud, Bava Metzia 79b (3) Shulchan Aruch, Choshen Mishpat 312:7 and glosses of Rema ARCHIVES Every weekday JewishWorldReview.com publishes inspiring articles. Sign up for our daily update. It's free. Just click here. 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. To comment or pose a question, please click here. THE JEWISH ETHICIST, NOW IN BOOK FORM You've enjoyed his columns on JWR for years. Now the Jewish Ethicist has culled his most intriguing — and controversial — offerings in book form. HARDCOVER PAPERBACK Sales help fund JWR. © 2008, The Jewish Ethicist is produced by the JCT Center for Business Ethics