Tuesday, June 29, 2010
The Daf Yomi - In-depth practical case-study analyses derived directly from each day’s Daf. MAKKOS DAF 24(LAST DAF) LAWS OF ENCROACHMENT
Q:What are the laws of encroaching
A:The S"A says says someone who opens the same business who lives in the same city there is no isur of encroaching only an out of towner opening the same business is their a problem but the poskim say their are hetarim if their is a monopoly with high prices someone from out of town can open the same business to make prices go back to normal in other words it is good for the consumer but if it is not good for the consumer then even an in towner cant have a monopoly.If a business is in the district like diamonds or used cars you get more business someone else can open a used car lot or diamond store.A national business like an insurance company has no encroachment.There are a minority of poskim who say nowadays bais din has no power so bais din can not command an out of towner to not open a business so there is no encroachment laws nowadays but Rav Rappaport says this is illogical the laws of encroachment are a mtzva ban adam licavaro(between man and man) it is not nice to do this
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