Hagaon Hacham Mordechai Eliyahu z.s.l.

By: Rabbi Meir Orlian

Question: I often deal with an outstanding individual employed by another company. Can I extend him an offer to leave his current employer and join my firm?

Answer: The Talmud[i]considers it “wicked” to snatch something that another person has already invested efforts to achieve (a halacha known as “ani hamehapech baharara”). For this reason, you may not encroach upon someone’s employment and thereby jeopardize his position, unless the employer has already expressed disinterest in keeping him.[ii]By the same token, it would seem halachically improper to draw away a valued employee whose employer expects to retain him.

Yet, the Shulhan Aruch[iii]writes that it is permissible to engage a Jewish studies teacher employed by another. Some limit this ruling to the field of Jewish education, because of the special nature and utmost importance of Torah learning.[iv]Others, by contrast, maintain that in all fields, if it proves difficult to procure competent workers, one is permitted to attract employees who are not bound in their current employ by contract.[v]

If, however, an employer advertised an available position and the employee approached him, expressing dissatisfaction with his present job, the employer may extend him an offer.

This article is intended for learning purposes only; a competent rabbi should be consulted for practical halachic guidance regarding actual cases, in which issues of dina d'malchuta may also need to be considered.

Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, which is headed by HaRav Chaim Kohn, shelita, a noted dayan. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, please call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com.