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. Gaffney Jr.: Uncle Sam is joining in efforts to crack down on Islamists' critics Danielle Kurtzleben: The 10 Worst Cities for Finding a Job Laura McMullen: 3 Tips to Overcome a Bad Grade in College The Kosher Gourmet by Faith Durand: Orzo dish mixes plump, chewy grains with caramelized onions, garlic, mushrooms and sweet potato January 30, 2012 Rabbi Avi Shafran: Blind faith and physics 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 Menachem Wecker: 3 Do's and Don'ts for Healthy Studying in College The Kosher Gourmet by Diane Rossen Worthington: Butternut Squash Gratin with Tomato Fondue is a combination of the sweet and creamy January 27, 2012 Rabbi Berel Wein: What Pharaoh can teach us sophisticates about being stubborn 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 The Kosher Gourmet by Emma Christensen: Barigoule is a light and tangy dish of artichoke hearts stewed in white wine January 26, 2012 Jonathan Tobin: Newt the closet anti-Semite? 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 Martin Peretz: One Year Later: The Failure of the Arab Spring Rachel Koning Beals: Need to Know info before investing in Muni Bonds this year Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report The Kosher Gourmet by Leela Cyd Ross: Curried Coconut Carrot Soup. Need we say more? January 25, 2012 Andrew Silow-Carroll: Speak politics the Jewish way! 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 Menachem Wecker: Adding an extra 'm' -- marriage -- to that M.B.A. Melissa Healy: Harnessing shrooms' magic The Kosher Gourmet by Hilary Meyer: 3 Secrets Leave All of the Comfort in this 'Comfort Food', but few of the Calories 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 Jada A. Graves: 6 Careers to Watch in 2012 Jason Koebler: Who Should Have Access to Student Records? Erika Bolstad: Black conservatives gather to talk about gaining strength The Kosher Gourmet by Diane Rossen Worthington: This luscious fruit bread marries toasted pecans with juicy pears. Perfect with a pot of tea January 23, 2012 Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary Stephanie Hanes: Toddlers to tweens: Relearning how to play Jack Kelly : Still ignoring history Rachel Koning Beals: Awkward Questions You Must Ask Your Financial Adviser 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 The Kosher Gourmet by Emma Christensen: Spanakopita is a golden pie that manages to be healthy yet still taste indulgent January 19, 2012 Clifford D. May: How terrorists lose their stigma Suzanne Bohan: Vanquishing social anxieties without drugs Lisa Fernandez and Sean Webby: In alternative lifestyle, domestic violence means men as victims and women being abusers Danielle Kurtzleben: The 10 Best Cities for Finding a Job The Kosher Gourmet by Diane Rossen Worthington: Three bean soup with gremolata January 18, 2012 Edward I. Koch: Why the Crocodile Tears, Hillary? David G. Savage: Supreme Court to Principals: You have been warned George Friedman of Stratfor: Iran, the U.S. and the Strait of Hormuz Crisis Jason Koebler: 'Holy Grail' of Flu Vaccines by Next Year Alex M. Parker: The Off-the-Radar Congressional Targets of 2012 The Kosher Gourmet by Susan Russo: Got soft apples? Make Apple-Maple Walnut Breakfast Quinoa 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 Sharon Palmer, R.D.: Believe it or not, your cuppa joe offers potential health perks David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors Confronting the Car Nerds on their home turf --- the Detroit Auto Show (VIDEO; 3 minutes) The Kosher Gourmet by Emma Christensen: Eleventh-Hour Freezer Pasta, Made Interesting: Ravioli with romesco sauce; Tortellini salad with apples and walnuts January 13, 2012 Chief Rabbi Dr. Warren Goldstein: Expansion Of Spirit (PROFOUND yet UPLIFTING) Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time Rachel Koning Beals:Top Complaints About Daily Deal Sites --- how to avoid missteps Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body The Kosher Gourmet by Diane Rossen Worthington: Braised Oxtail Stew with Olives 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 Ken Dilanian and David S. Cloud: In secret study, CIA and 15 other U.S. intelligence agencies warn Obama against leaving Afghanistan too soon John Fauber : Statins found to raise diabetes risk in postmenopausal women Katy Hopkins : Consider This Before You Pay for an Online Degree Menachem Wecker : 4 Technology Must Haves for Online Students 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 Rachel Koning Beals: Should You Invest in Bond Funds or Individual Issues? The Kosher Gourmet by Faith Durand : Colorful Lentil Salad with Walnuts and Herbs 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 Paul Bedard: Study: Is Fox Too Balanced? Rachel Koning Beals: Is it Time to Move into Homebuilder Stocks? The Kosher Gourmet by Carolyn Malcoun: Brothy Chinese Noodles Half the Sodium (and More Than Twice the Fiber!) January 9, 2012 Caroline B. Glick: The land-for-peace hoax (MUST-READ/FORWARD/SHARE) Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court Bonnie Miller Rubin: The new college-admission essay: Short and tweet(ish) Rachel Koning Beals: Why Mid-Caps Stand Out in This Slow-Growth Stretch The Kosher Gourmet by Diane Rossen Worthington: Cumin seed roasted cauliflower with salted yogurt, mint and pomegranate seeds January 6, 2012 Jonathan Rosenblum: Greatness --- and those who sully it Clifford D. May: The Historian, the Diplomat, and the Spy Paul Bedard: Study: Obama Is Late Night's Biggest Joke Rachel Koning Beals: An Investing Guide to Closed-End Funds The Kosher Gourmet by Faith Durand: Slow Cooker Peppered Beef Shank in Red Wine

Jewish World Review March 17, 2008 / 10 Adar II 5768 Rebate or Kickback? By Rabbi Dr. Asher Meir http://www.JewishWorldReview.com | Q: Our company makes bulk purchases on behalf of small stores who benefit from our concentrated purchases. Occasionally in addition to standard quantity discounts, we also get rebates. Who is entitled to these rebates — us or our customers? A: There are two potential problems with your company keeping these rebates: The first problem is your ability to do your job properly. Your customer is paying you to scout out and obtain the best merchandise for the lowest price. That's why you get a commission. When you obtain a rebate from the supplier, your judgment is liable to be colored; you will tend to favor suppliers who give rebates over others who may have better merchandise or prices. The Torah tells us, "Don't take bribes, for a bribe blinds the eyes of the wise and distorts the words of the righteous" (Deuteronomy 16:19). The Torah is telling us that partiality towards one who gives a gift is practically speaking inevitable; even a wise and righteous person will find his judgment affected. The second problem is that accepting the rebate could be considered "double dipping." You are getting paid by the customer to buy objects on his behalf; from that time on you are merely the agent of the final customer. Any rebates offered really belong to the customer, not you. Your company undoubtedly already accepts this understanding regarding your own employees. After all, you asked if the rebate belongs to your company or the customer; it didn't occur to you that it should accrue to the individual purchasing agent who happened to carry out the purchase. The Talmud discusses a similar case, in the following passage: If they [the sellers] added one extra [item], it all belongs to the agent; so says Rabbi Yehuda. Rabbi Yosi says, they divide it. But did we not also teach: Rabbi Yosi says, it all belongs to the payer? Rami bar Chama said, there is no difficulty: This case is where there is a fixed [price], this one where there is no fixed [price]. (1) If there is no fixed price for the purchase, then the "extra" item is not extra at all; it just means that the seller is selling for a lower-than-expected price and giving the customer more for the money. But if there is a fixed price for the item, then the extra could be seen as being something quite apart from the purchase; perhaps the seller decided to personally favor the agent. Even so, Rabbi Yosi concludes that the payer (customer) is still entitled to half, because the generosity of the seller was a result of his work on behalf of the customer. How does this play out in your case? If the rebate is part of a publicized, equitable rebate program, it would be considered "no fixed price". This is not a special extra given to you, but rather a discount, perhaps temporary, in the price. If most customers don't get a rebate but you do, the possibility exists that this supplier esteems a special relationship he has with your firm, above and beyond relationships with other customers who make similar orders. In this case, your firm might be entitled to part of the rebate. This is a complex case. A similar situation arose a few years ago regarding a gigantic hotel management firm; when the case reached court, Price Waterhouse Cooper Accountant Sean Hennessey told reporters that the status of the payment was not really clear: "One side calls it a kickback and the other calls it a rebate." (The judge looked askance at the buyer's actions and particularly their opaque accounting practices and ordered them to return tens of millions of dollars.) The best response to these questionable, border-line cases is not to leave them to chance. When you negotiate your fee agreement with the customer, you should include an explicit clause stating how special, negotiated rebates (as opposed to equitably applied discounts) will be accounted for and split up. Whatever you decide to do in this particular case, it should be accounted for in a transparent way so you don't share the fate of the ill-fated hotel management firm. SOURCES: (1) Babylonian Talmud, Kesubos 98b 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