Opening a Competing Yeshiva Canteen
Question
Hi Rebbi,
Reuven sold an operating canteen to two brothers, (exact details of what was included in this sale is uknown)
The two brothers ran the canteen for a summer zman.
1 brother didn't join the yeshiva at the start of elul zman and the bussiness wasnt reopened.
Shimon comes along and is intrested in running the canteen,
The two brothers would like to sell the non operating business with the fridge,
(exact details of what is included in this proposed sale is uknown)
though there is a lengthy ungoing conversation about buying the business with no foreseeable conclusion.
Levi wants to come along and start a canteen,
though instead of getting involved and disturbing the sale.
Levi would like to start a canteen on a different floor in the same yehiva building.
[details about the yeshiva building, the yeshiva building consists of 3 floors,
first floor is the beis medrish and dinning room (Reuven and two brothers canteen was/is located here)
second floor consists of dorms and offices
third floor consists of dorms and computer room (Levis canteen would be put on this floor)]
A few questions;
1) Does Shimon need to buy this non operating bussiness from the two brothers ? or can he open up a canteen ?
2) Is Levi allowed to start a canteen on a different floor in the yeshiva building ? Is it Masig Gevul even though there is no operating bussiness ?
3) Is there an issue of Ani Hamehapech Becharara ?
4) Are there any other possible issues ?
5) Can one who has a canteen provide a coupon as follows if you pay cash now you get a discount. ie you pay now 100 shek you have 110 shek credit. Is there a ribbos issue ?
Reuven sold an operating canteen to two brothers, (exact details of what was included in this sale is uknown)
The two brothers ran the canteen for a summer zman.
1 brother didn't join the yeshiva at the start of elul zman and the bussiness wasnt reopened.
Shimon comes along and is intrested in running the canteen,
The two brothers would like to sell the non operating business with the fridge,
(exact details of what is included in this proposed sale is uknown)
though there is a lengthy ungoing conversation about buying the business with no foreseeable conclusion.
Levi wants to come along and start a canteen,
though instead of getting involved and disturbing the sale.
Levi would like to start a canteen on a different floor in the same yehiva building.
[details about the yeshiva building, the yeshiva building consists of 3 floors,
first floor is the beis medrish and dinning room (Reuven and two brothers canteen was/is located here)
second floor consists of dorms and offices
third floor consists of dorms and computer room (Levis canteen would be put on this floor)]
A few questions;
1) Does Shimon need to buy this non operating bussiness from the two brothers ? or can he open up a canteen ?
2) Is Levi allowed to start a canteen on a different floor in the yeshiva building ? Is it Masig Gevul even though there is no operating bussiness ?
3) Is there an issue of Ani Hamehapech Becharara ?
4) Are there any other possible issues ?
5) Can one who has a canteen provide a coupon as follows if you pay cash now you get a discount. ie you pay now 100 shek you have 110 shek credit. Is there a ribbos issue ?
Answer
Thank you for your question.
This question can only be answered Le'halcha, after we have heard from both sides.
However, generally, one may open a canteen even if he is competing with another person, as long as he does not cause the other person to have to close.
Regarding ribbis, this is only permitted if, in return for the hundred shekels, he receives a coupon (tav keniyah).
Wishing you all the best.
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