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May 13, 2013

Rabbi Nathan Lopes Cardozo: Why the giving of the document that would permanently change the world could only be done in desolation

David G. Savage: Church-state, literally? Supreme Court weighing public school graduation in a church

Emily Alpert: Recession dragged down birth rates for less-educated women
Morgan Housel: The deep downside of home ownership

Peter Teffer: Will Dutch police soon be stalking cybercriminals on your computer?

Heidi McIndoo, M.S., R.D.: Meatless 'meat' can have its own set of problems

The Kosher Gourmet by Diane Rossen Worthington: Celebrate! This must-try appetizer is delicate yet has depth of flavor: Corn-Leek Cakes with Caviar, Smoked Salmon and Creme Fraiche

May 10, 2013

Rabbi Berel Wein: Be all that you should be

Caroline B. Glick: The dirty little secret about Israel's Arabs

Mona Charen: Hawking's Moral Calculus: The man and the movement he embraces
Morgan Housel: The biggest retirement myth ever told

Sandi Doughton: Eyes may provide new insight into brain problems

Jewz in the Newz by Nate Bloom : The Great Gatsby's Jewish Ties; Jews in the "Time 100 list" List; People's Most Beautiful Women

The Kosher Gourmet by Linda Gassenheimer: A sweet-hot meal: Pear salsa spices up salmon

May 8, 2013

Peter Ford: Why China is welcoming both Israel's Netanyahu and Palestinians' Abbas

Warren Richey: Obama administration quietly backs out of appeal over new contraceptive mandate

Fred Weir: At Kerry-Putin meeting, US-Russia relations thaw --- a tad
Amanda Paulson: Study reveals sad truths about community colleges

Harvard Health Letters: Evidence weak that zinc, echinacea are beneficial

The Kosher Gourmet by Leela Cyd Ross : Almost too pretty to eat, this colorful salad with Sicilian inspiration will tickle the taste buds and delight your visual sensibility

May 6, 2013

Edmund Sanders and Patrick J. McDonnell: Think Israel's objective in Syria is to weaken Assad or embolden the rebels? Think again

Brian Bennett: Israeli airstrikes may show weakness in Syrian defense

Michael Ollove: Millions of ex-felons, parolees and those on probation are about to be entitled to tax-payer paid health coverage
Karen Kaplan: Most men can skip PSA test for prostate cancer, urologists say

Kimberly Lankford: How to track down a lost life insurance policy

Dream of Mars exploration achievable, experts say

The Kosher Gourmet by Susan M. Selasky: EGGPLANT WRAPS are an easy, sumptuous and scrumptious meal

May 3, 2013

Rabbi Nathan Lopes Cardozo: Human Courage and the Unavoidable, Disturbing Text

Steven Emerson: Attorney General Fights CAIR in Court, Lauds it in Public

Mediterranean diet helps beat dementia: study
Harvard Health Letters: When to be screened for a hearing problem

Jewz in the Newz by Nate Bloom : Iron Man's Jewish Connections; Marc Maron's New TV Show; Martin Landau Grows Up with Israel; Shalom, Allan Arbus

The Kosher Gourmet by Diane Rossen Worthington: A sweet surprise for Mother's Day dessert

May 1, 2013

Jonathan Rosenblum: An Improbable Journey to Orthodoxy

Jonathan Tobin: Blame Obama, Not Israel for Syria Push

Kids, kittens the Same? With employee perks at struggling Internet pioneer Yahoo! it's hard to tell
Halena M. Gazelka, M.D.: Mayo Clinic Medical Edge: What you need to know about implanted pain relief devices

Sandy Kleffman: Artificial kidney offers hope to patients tethered to a dialysis machine

Jessica Shugart: When it comes to math, MRIs may be better than IQs

The Kosher Gourmet by Mario Batali: The celebrated chef on how high-maintenance ASPARAGUS RISOTTO need not be

April 29, 2013

Roy Gutman: Poland's new Jewish museum celebrates life, doesn't revisit Holocaust

Mark Clayton: Terrorism in America: Is US missing a chance to learn from failed plots?

Kim Murphy: Boston Bomber's 'Svengali' Revealed
Morgan Housel: He's rich, smart and old: Listen to him

Thomas Salinas, D.D.S.: Mayo Clinic Medical Edge: The safety of amalgam fillings

Harvard Health Letters: Tomatoes and stroke protection

Pete Spotts: Tiny satellites + cellphones = cheaper 'eyes in the sky' for NASA

The Kosher Gourmet by Diane Rossen Worthington: Swing into spring with lemon cream pie

April 26, 2013

Rabbi Abraham J. Twerski: The world is a mirror

Caroline B. Glick: Time to confront Obama

Clifford D. May: Defense in the Age of Jihadist Terrorism
Kimberly Lankford: New strategies ease pain of paying for long-term care insurance

Howard LeWine, M.D.: Ask the Harvard Experts: Too much ibuprofen?

Sharon Palmer, R.D.: How to feel your best -- with plenty of energy, a healthy weight and optimal mental and physical function -- without driving yourself batty

Jewz in the Newz by Nate Bloom: Jewish Major Leaguers, 2013; New Movies and Comedy Show; Shalom, 'Lumpy' (Leave it to Beaver)

The Kosher Gourmet by Emily Ho : A bright and cheerful salad to herald the warmer months ahead

April 24, 2013

Steven Emerson: Boston Bomber Exposes Islamist Secret

Morgan Housel Admit it: No one has any idea what's going on
Harvard Health Letters: Can you get headaches from headache medication?

Kerri-Ann Jennings, M.S., R.D.: How to easily get more Omega-3s in your diet

Melissa Healy: Pot in a pill: All the pain relief without the smoke

The Kosher Gourmet by Susan Russo: Chipotle Chili Butternut Squash Soup is bold, zesty, hot

April 22, 2013

Ken Dilanian: Counterterrorism's future is unclear

US man departing country arrested on terror charges
Barbara Williams: An unorthodox but growing treatment in a 9-year-old's battle against cancer

P.J. Skerrett, M.D.: How to recognize a good whole grain product

Jewz in the Newz by Nate Bloom: Teen actor Jonah Bobo in New Flick: Hunky James Wolk on Mad Men; Erich Segal's Daughter Writes Prize-Winning Jewish Novel

The Kosher Gourmet by Diane Rossen Worthington: 'Noodles,' Asian style is a carb sub, sure. But they are also amazingly delicious and colorful

April 19, 2013

Rabbi Yonason Goldson: When violence seems the only answer

Caroline B. Glick: Why Obama's visit to Israel had no impact on public opinion or government policy

Morgan Housel: Gold collapse: The start of something big?
Harvard Health Letters: Can you die of a broken heart?

Pete Spotts: Livable super-Earths? Two candidates among Kepler's latest finds

Nora Schultz: Oxytocin helps beat booze cravings

The Kosher Gourmet by Carole Kotkin: Middle Eastern cuisine meets Italian delicious with this lentil and eggplant pastitsio

April 17, 2013

Shira Rubin: Too much of a good thing? 'Palestinians' realize downside of foreign aid boom

Geoffrey Mohan: Can computers decode dreams? Researchers take a first step

Morgan Housel: BAD NEWS: EVERYONE IS RIGHT!
Brierley Wright, M.S., R.D.: 6 heart-healthy eating tips help cut saturated fat but not taste

Michael Craig Miller, M.D.: Ask the Harvard Experts: Told your child has sensory processing disorder? Seek a second opinion

The Kosher Gourmet by Diane Rossen Worthington: Corn and Curry Add Zing to Chilled Soup

April 15, 2013

Rabbi Yonason Goldson: The Death of Education?

Kristen Chick: Egyptian Christians respond with harsh words to attack -- rocks, Molotov cocktails, and gunfire -- against main cathedral

Marcy Darnovsky and Karuna Jaggar: High Court to decide if you should own your DNA
Howard LaFranchi: US bracing for more Russian blowback after taking action against 18 more human rights violators

Kristin Ohlson : The loneliest fight

The Kosher Gourmet by Dana Velden: A tasty, rich dish that hints at spring's arrival while still anchored in a favorite winter staple

April 12, 2013

Rabbi Dr. Tzvi Hersh Weinreb: The Inspired Loner

Caroline B. Glick : Must we continue to be enablers of our own destruction?

Mark Clayton: New cybersecurity bill: Privacy threat or crucial band-aid?
Morgan Housel: Twitter: The carnival barker of investing

Harvard Health Letters.: Dietary supplements: Do they help or hurt?

Jewz in the Newz by Nate Bloom: Jackie Robinson's Friend, Hank Greenberg; CNN's Jake Tapper; Texas County in the News is named for 19thC. Jewish soldier and Congressman

The Kosher Gourmet by Susan Russo: FRUITY QUINOA STUFFED PEPPERS: A flavorful, colorful and edible vessel of delicately fluffy, mildly nutty filling combined with chewy apricots, tangy cherries, and crunchy pistachios

April 10, 2013

Edmund Sanders: Kerry leaves Israel with hopes, but few results

Nicholas Blanford: Iran's 'axis of resistance' loses its Palestinian arm to Syrian war

Peter Grier: North Korean missiles: Could US shoot them down?
Morgan Housel: Warning: Don't waste your capital being fooled by profit prophets

Donald Hensrud, M.D.: Mayo Clinic Medical Edge: Take vitamin supplements with caution --- even approved, they may actually do damage

Eryn Brown: 74 DNA discoveries move cure closer for three cancers

Mark Guarino: Google Glass already has some lawmakers on high alert

The Kosher Gourmet by Dana Velden: A soup to feed every guest, no matter how finicky

April 8, 2013

Jonathan Tobin: What Part of No Preconditions Do American Jews Not Get?

Christa Case Bryant: No Place on Earth

Fred Weir: Is Putin finally trading his own party for a new power base?

Hara Estroff Marano: The Spice of Life
P.J. Skerrett, M.D.: Harvard Health Letters: Generic drugs: Don't ask, just tell

David Cook : Husband-hunting advice from Princeton alum triggers outrage, humor

The Kosher Gourmet by James T. Farmer III : A simple, rustic white pizza: Good ingredients, fresh herbs, and an infused olive layered upon a crispy crust hits the spot


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


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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

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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. To comment or pose a question, please click here.

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