J. Tipping a waiter, cab driver, bartender, mover, etc:
It is a Halachic obligation to leave a tip for a person who provided a service, in all cases that doing so is universally accepted in one’s area, or was conditioned prior to ordering the service.[1] Otherwise, the matter is left to the discretion of the customer to decide based on quality of service or other factors.
May one give a tip to a gentile who provided a service if he is not obligated to do so?[2] Yes. Doing so does not transgress the prohibition of Lo Sichaneim.[3]
________________________________________
[1] See Michaber C.M. 331:1; Bava Metzia 83a; Rashba 2:168 that a Minhag overrides a Halacha in monetary matters; Rivash 171; 475; Chacham Tzevi 61; See Mivakshei Torah 5760 and Tuvcha Yabiu 2:107 that Rav Elyashiv ruled not tipping a waiter is Chashash stealing; However see Asher Chanan 7:151 regarding tipping waiters that doing so is not an obligation, as by nature it is given to the discretion of the customer; Furthermore, based on the Israeli law, it would seem that there is no Halachic obligation to give a tip, even if the universal practice is to do so, as the law prohibits making this an obligation, and that is the Minhag Medina.
The reason: As whenever one hires another to do work for him all the accustomed work obligations and rights are assumed to have been agreed on and obligated on by the employer, and all business conditions set by two sides are Halachically binding. [See Michaber ibid] Accordingly, it is not the secular law that creates the Halachic obligation but rather the Minhag Hamedina. [Article of Rav Shpurn in Hayashar Vehatov ibid]
[2] Beir Moshe 3:117; Shraga Hameir 7:155; Ateres Paz C.M. 1:3-12
[3] The reason: As Lo Sichaneim does not apply when one knows the gentile [Taz Y.D. 151:8] and giving him the present can bring one future benefit, such as for example, that the person continue providing one his service. [Beir Moshe ibid] Alternatively, Lo Sichaneim only applies when one is doing so out of one’s good heart and gesture. However, when doing so out of obligation due to norms of society, then it does not apply. [Shraga Hameir ibid]
Leave A Comment?
You must be logged in to post a comment.