Working during Shiva to Retain Clients
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Question
A self-employed woman who takes care of clients is sitting shiva for her deceased brother and fears that if the clients go to someone else, they will enjoy it and switch to her permanently. Is she allowed to work during her mourning days?
Answer
Since she fears that clients will switch to someone else due to her mourning days, it is considered a loss, and she is allowed to hire a worker to do the work for her. If it is not possible to hire a worker, Ashkenazim are permitted within the first three days in cases of significant loss (if she fears a large number of clients will switch to someone else). After three days, even in cases of minor loss, it is permitted. Sephardim are prohibited from working themselves even in cases of significant loss.
Source
The Tur, Yoreh De'ah, Siman 380, writes: "Regarding lending to non-Jews with interest during mourning days, the Ramban prohibited even through others, but Rashi permitted even during Chol HaMoed, so it is permitted during mourning through others, and the Ri wrote that since Rashi permitted and many act accordingly, I cannot prohibit, but one who is stringent will be blessed. And the Rosh wrote that in Ashkenaz, those who fear God prohibit lending with interest to idolaters during Chol HaMoed, but I permitted in my house to lend to non-Jews, as they always borrow in my house, and if they are not lent, they will go to other houses and borrow there, and this will be a loss."
Similarly, the Shulchan Aruch, Siman 380, Se'if 7, rules according to the Rosh: "Lending to idolaters with interest, to those who regularly borrow from him, is permitted through others, as it is considered a loss."
Therefore, the loss of clients is considered a loss, and its law is as written in the Shulchan Aruch, Siman 380, Se'if 5, that work in case of loss is permitted through others, but not through oneself, and the Rema permitted through oneself if it is impossible through others, after the first three days, and within the first three days in cases of significant loss.
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