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Unfair Competition: Difference between revisions

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==Exceptions==
==Exceptions==
# Competition is not limited at all in the following areas: teaching Torah<ref> The Gemara (Baba Batra 21b-22a) states that even Rav Huna permits unrestricted competition in the area of Torah education, since competition fosters improved Torah knowledge (kinat sofrim tarbeh chochmah). [http://www.jlaw.com/Articles/hasagatgevul.html%20Gray%20Matter%20Hasagat%20Gevul:%20Economic%20Competition%20in%20Jewish%20Law Rabbi Jachter] writes that this doesn’t apply to other mitzvot. Therefore, he quotes Rabbi Ezra Basri (Shaare Ezra 2:131) that these laws of competition would apply to selling chametz before Pesach. Similarly, Rav Moshe Feinstein (Iggerot Moshe CM 2:31) wouldn’t allow a second Seforim/Judaica store to open in a place that couldn’t support two. On the other hand, Pitchei Choshen Hilchot Geneva ViHonaa 9: note 1 quotes the Levushei Mordechai CM 12 that this does apply to other mitzvot. Based on that he allowed a new mikveh to open even though it would force the first one to close.</ref>, internet businesses<ref> [http://www.jlaw.com/Articles/hasagatgevul.html%20Gray%20Matter%20Hasagat%20Gevul:%20Economic%20Competition%20in%20Jewish%20Law Rabbi Jachter]. Similarly, S”A C”M 156:7 based on Baba Batra 22a rules that the restriction on outside competition does not apply to a market day, when people from outside the town come to shop. Rabbi Yehoshua Pfeffer ([http://dinonline.org/2015/08/31/opening-shop-laws-of-hasagas-gevul/ Opening Shop? Laws of Hasagas Gevul] on dinonline.org) applies this in a general sense to malls and large shopping centers, which attract shoppers from out of town. </ref> , and certain business districts in which the original business owner would benefit from a new business opening up (i.e. more customers will arrive).<ref> [http://www.jlaw.com/Articles/hasagatgevul.html%20Gray%20Matter%20Hasagat%20Gevul:%20Economic%20Competition%20in%20Jewish%20Law Rabbi Jachter] quoting Rav Moshe D. Tendler and Rav Basri, since the original storeowners benefit from the newcomers. Rabbi Aryeh Lebowitz ([http://www.yutorah.org/lectures/lecture.cfm/736064/rabbi-aryeh-lebowitz/hasagas-gevul-unfair-competition/ Hasagas Gevul - Unfair Competition on Yutorah]) brings the same argument. </ref>
# Competition is not limited at all in the following areas: teaching Torah<ref> The Gemara (Baba Batra 21b-22a) states that even Rav Huna permits unrestricted competition in the area of Torah education, since competition fosters improved Torah knowledge (kinat sofrim tarbeh chochmah). [http://www.jlaw.com/Articles/hasagatgevul.html%20Gray%20Matter%20Hasagat%20Gevul:%20Economic%20Competition%20in%20Jewish%20Law Rabbi Jachter] writes that this doesn’t apply to other mitzvot. Therefore, he quotes Rabbi Ezra Basri (Shaare Ezra 2:131) that these laws of competition would apply to selling chametz before Pesach. Similarly, Rav Moshe Feinstein (Iggerot Moshe CM 2:31) wouldn’t allow a second Seforim/Judaica store to open in a place that couldn’t support two. On the other hand, Pitchei Choshen Hilchot Geneva ViHonaa 9: note 1 quotes the Levushei Mordechai CM 12 that this does apply to other mitzvot. Based on that he allowed a new mikveh to open even though it would force the first one to close.</ref>, internet businesses<ref> [http://www.jlaw.com/Articles/hasagatgevul.html%20Gray%20Matter%20Hasagat%20Gevul:%20Economic%20Competition%20in%20Jewish%20Law Rabbi Jachter]. Similarly, S”A C”M 156:7 based on Baba Batra 22a rules that the restriction on outside competition does not apply to a market day, when people from outside the town come to shop. Rabbi Yehoshua Pfeffer ([http://dinonline.org/2015/08/31/opening-shop-laws-of-hasagas-gevul/ Opening Shop? Laws of Hasagas Gevul] on dinonline.org) applies this in a general sense to malls and large shopping centers, which attract shoppers from out of town. </ref> , and certain business districts in which the original business owner would benefit from a new business opening up (i.e. more customers will arrive).<ref> [http://www.jlaw.com/Articles/hasagatgevul.html%20Gray%20Matter%20Hasagat%20Gevul:%20Economic%20Competition%20in%20Jewish%20Law Rabbi Jachter] quoting Rav Moshe D. Tendler and Rav Basri, since the original storeowners benefit from the newcomers. Rabbi Aryeh Lebowitz ([http://www.yutorah.org/lectures/lecture.cfm/736064/rabbi-aryeh-lebowitz/hasagas-gevul-unfair-competition/ Hasagas Gevul - Unfair Competition on Yutorah]) brings the same argument. </ref>
==Stealing Clients or Employees==
# If someone paid for a moveable item and didn't yet take it neither the buyer or seller should renege on the sale. If they do chazal enacted a particular curse called "mi she'parah" for engaging in such activities.<ref>Shulchan Aruch 204:1</ref>
# Someone who verbally agreed to a sale but didn't yet pay, it is proper to keep your word.<ref>Shulchan Aruch CM 204:7</ref>


==Links==
==Links==