יום שני, 13 בפברואר 2012

Money Fights - Mishpatim 5770


A Dvar Mussar: Parshas Mishpatim discusses Dinei Mamon which is always a big Nisayon. Being honest in finances is a big Nisayon. However, the fights and arguments between people regarding money could mostly be avoided if people would realize something that is true about the nature of people. You all know that what is for your good you see your way. 2 Honest people will see things 2 different ways.
There was a case that came to me as a Din Torah which is a good Mashul of the truth of most disagreements. The employee as part of her compensation package was receiving health insurance benefits at no extra out of pocket cost. Her husband started receiving health insurance benefits as part of his compensation package from his job. The employee went to her boss and said that since she will no longer be needing the health insurance benefits, she would like an increase in her salary commensurate to the health insurance cost that the employer will now be saving. He agreed. After awhile that she had not received an increase in her salary she once again approached her boss with her request. This time she thought that she would receive it as a onetime bonus for the full year.  The employer said it is true that the employee came to me; however, I never promised her the money. So she came to me a second time and again I did not promise her money. I don’t know where she is getting this from? They were being very nice to each other; however, they were both accusing each other of being liars.
Upon pinning them down to the exact words used in the exchange, the employer after being approached by the employee to increase her salary as she didn’t require health benefits anymore said, Zeh Nehene V’Zeh Loi Chasar. The employee understood it to mean, I will get the money that anyway the employer was spending, so I gain and the employer doesn’t lose. The employer understood the exchange as I will gain as now I don’t have to spend money on health benefits and the employee doesn’t lose as she still will have health benefits albeit from her husband. So each one heard that I will be Nehene. However, there were 2 translations of the phrase.
Very often there are disagreements between 2 honest good people where something is translated one way and what is being heard by each party is that only they are going to gain.
The Halacha is if you take someone to court Sheloi K’din, not only are you not entitled to the money that the court gives you, you really have to reimburse him for his legal expenses as well even if you are the one who is right.

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