Tuesday, March 20, 2007

Moed Kattan 10b - What is a Davar Ha'aveid?

The Rosh writes that although an opportunity to sell merchandise on chol hamoed for a high profit and after yom tov the profit will be minimal, is not considered davar ha'aveid. We see from the yerushalmi that a merchant who has an opportunity to buy merchandise on chol hamoed for a cheap price, and the opportunity will be lost after yom tov, [and certainly the opportunity to sell on chol hamoed for a high price which will be lost after yom tov] is considered davar ha'aveid and it is mutar. The language of the Rosh is "Loosing an opportunity to profit is considered a loss since it is not common". Shulchan Aruch paskens like this Rosh 639:5. The question is, why is this considered "davar ha'aveid"? Isn't davar ha'aveid only a loss of principal that you already have in your hands i.e. produce rotting?
I thought that perhaps we are speaking about the capital that one has invested in their business and is designated for buying and selling. That cash is not considered cash since its whole purpose it to invest in merchandise. The cash is considered a commodity like the merchandise who's value is determined by the amount of goods that it can be traded for. Therefore, just as one can offload merchandise on chol hamoed if it will loose its value by the time yom tov is over, one can also offload their "cash goods" on chol hamoed since it will loose its value in relation to the amount of merchandise that can be purchased with it by the time yom tov is over. Based on this, the heter of the Rosh would only apply to capital invested in the business, but would not necessarily allow for new cash to be invested in the merchandise.
But, someone in my shiur [Stan Sussman] pointed out that the simple understanding is that a lost opportunity to profit is deemed by halacha as a loss bec. the nature of business is to survive and prosper by taking advantage of these opportunities.

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