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Jewish General Halachot


Matchmakers Laws, Fees & Information



Simcha Online has brought together the basic Halachics Rules that may apply in every field of the development of a Shiduch, which may concern Singles and Matchmakers general rules, fees and basic information.

THE SHADCHAN'S FEE


Shadchan Halachic Rights:

According to Jewish Halacha, the Shadchan must be paid a fee for arranging a shiduch as any other regular Job. It makes no difference whether or not the shadchan is a professional, was engaged by one of the parties, or if he volunteered his services, in any case the shadchan must be paid for their services. The Halacha even goes to the point that the shadchan may petition a beis din to force the parties to pay his fee, these are His rights.

Who may pay the Shadchan Fee:

Payment for the Fee may be divided equally between both sides of the match, even if the shadchan spent more time with one of them. The Shadchan may not charge more than half to one side according to their rates, even if the other side is poor or for some reason refuses to pay. The shadchan may forego payment altogether, in which case there is no compelling reason to pay him.

Although the obligation to pay is the bride's and the groom's, it has become customary for the parents to pay and therefore if the parents can’t pay, there is no obligation for the bride and groom to pay the shadchan.

How much is the Fee:

The Shadchan Fee is based on the customary fee in the area of shiduchim. Once the standard fee is agreed upon, the shadchan may not ask for additional compensation to cover special expenses that he may have incurred in arranging the shiduch. In Simcha Online there are a lot of Shadchanim who are working hard without charging anys Fees. Each single may consult his own Shadchan for details.

SIMCHA ONLINE has the custom that the shadchan may be paid immediately after the shiduch is completed, and even if the shiduch is broken later, the shadchan does not have to return his fee as long as he did not give erroneous information which led to the termination of the shiduch, otherwise he may pay back his fee for the wrong-doing actions.

When the Singles are exempt from paying a Fee:

• If the Shadchan doesn’t charge a Fee.
• If the match was not complete, even if the Shadchan spent a lot of time and effort.

A shadchan whose fee is outstanding should not be a witness to the marriage ceremony according to Halacha. There is a discussion in the Poskins about the division of payments where more than one shadchan is involved, or when the match began with one shadchan and ended with another. Whenever there is a dispute, a Rav should to be consulted since there are many details involved and no two cases are alike.

Simcha Online Policy makes it easy:


Our policy is that the first Shadchan who began the first step of a match, even if it's just a proposal to another Shadchan about a possible Match and even if the other Shadchan is equally involved in the Match or more involved than the original one, the Shadchan that first proposes the match is the one that may be paid a Fee by the Singles.

Still, there are situations were the Halacha or Simcha Online internal rules may exempt the singles to pay any fee, like a case mentioned above, or a if shadchan is working without charging a fee. The importance of the Custom in Am Israel of making a symbolic gratification to the shadchan or shadchanims involved, money wise or other form of gratifications is well known.

In the case that the first Shadchan starts the Matchmaking process, but the second Shadchan takes over and continues and concludes the Shiduch, then the first Shadchan will receive 1/3 of the Fee, and the second Shadchan will receive 2/3 of it.

PRIVATE INFORMATION THAT MAY BE KNOWN


It is prohibited for either party in a prospective match to give false information or to withhold pertinent information about themselves. Withholding or falsifying information could result in the invalidation of a marriage. Even a couple who has been married many years may be considered to be living in sin if pertinent information was withheld at the time of their marriage.
The information that may not be withheld according to the poskims for a prospective match, known by halachic term of “Major Deficiency”, and if is withheld may invalidate a marriage are:

• A serious physical or mental illness;
• Infertility;
• Correct financial status;
• Lack of religious observance;
• Previous martial status;
• Previous illicit relationships;
• Conversion;
• Adoption.

When you are not obligated to divulge a deficiency:

Deficiencies which most people do not consider to be an impediment, such as a minor illness, a physical weakness or a minor blemish in one's lineage, are not obligated to be spoken of. Similarly, a transgression in the distant past for which the sinner has repented is also not obligated.
Since it is often difficult to gauge and judge minor drawbacks versus major deficiencies, a Rav must always be consulted.

If you have been asked for Information:

You must divulge what he knows regarding a "major deficiency", as detailed above. One who deliberately withholds such information transgresses the prohibition of lifnei eiver lo sitein michshol.
Detrimental information about a shiduch may only be conveyed with the proper intention for the benefit of one of the parties, not as revenge or in spite of any individual. Even then, the information may only be relayed when:
• The condition is serious;
• The condition has not been exaggerated;
• There is a reasonable chance that the information will be accepted and acted upon. If it is likely to be ignored, it is prohibited to be relayed.

Simcha Online created an easy table of how to handle negative information to help Shadchanim fulfill the Mitzva in the proper way:

If Negative Information is Known
BY OBJECTIVE STANDARTS You conclude that: BY SUBJECTIVE STANDARTS
THE MATCH WILL FOR SURE BE A MISTAKE.




Examples:
Medical, Emotional, or Character Deficient.
IS NOT FOR SURE A MISTAKE, BUT IT MAY ADVERSELY AFFECT THE FUTURE OF THE PEOPLE INVOLVED.

Examples:
Monetary Matters, Ashkafa and Torah Levels
NOT BEARING IN THE RELATION, BUT THE OTHER PARTY WOULD SEE IT LIKE AN ISSUE.


Example:
“He says Tehilim every day”
(the other party may think: nice, but why doesn't he learn Torah instead?)
THE INFORMATION IS RELATIVE, IS A PERSONAL MATTER THAT CAN SOME TIMES GET TO POINTS OF BUTTERING IN THE RELATIONSHIP.

Example:
One party snores
As a Matchmaker or Adviser, for Reference Information,
YOU ARE:
OBLIGATED TO SPEAK EVEN VOLUNTARILY AND YOU CANNOT SUGGEST THIS PERSON.NOT OBLIGATED TO SPEAK VOLUNTARILY BUT ONLY IF YOU ARE ASKED. YOU MAY NOT SUGGEST THIS PERSON.NOT OBLIGATED TO SPEAK VOLUNTARILY. IF YOU'VE BEEN ASKED, TRY TO AVOID ANSWERING. SUGGEST ASKING A RAB. IF THEY WERE GOING OUT AND STOPPED FOR A DIFFERENT REASON, DON’T PERSUE IT.NOT OBLIGATED TO SPEAK VOLUNTARILY. IF YOU'VE BEEN ASKED, TRY TO AVOID ANSWERING, AND EVEN SAY: “I don’t know”. SUGGEST ASKING A RAB.


ANY DOUBT ON SITUATIONS OR FOR MORE INFORMATION DEFINITION OR HOW TO HANDLE A PARTICULAR CICUNSTANCE YOU SHOULD CONSULT A RAV BEFORE DIVULGING OR WITHHOLDING THE INFORMATION.

SIMCHA ONLINE IS PROUD TO ANNOUNCE THAT WE WORK TOGETHER WITH RABBANIM OF THE SHEMIRAT HALASHON – SHEILA HOTLINE (Chafetz Chaim Foundation):
ANY DOUBTS OR QUESTIONS YOU MAY CONTACT ONE OF OUR RABANIM AT:
718-951.3696 (Brooklyn – New York) THE SHEILA (QUESTIONS) SCHUDULE IS:
EVERY NIGHT EVEN MOTSAY SHABAT BETWEEN 9:00 AND 10:30

Post created: Dec 15, 2008 | Updated Dec 18, 2008

THE LAWS OF HOW TO SPEAK IN SHIDDUCHIM



(Taken from the Sefer “A Lesson A Day” based on the Sefer Chofetz Chaim and Sefer Shemirat Halashon)


A few acts of chessed (kindness) can compare with that of helping to build a Jewish home. One who thinks that a certain young man may be a suitable match for a certain young woman is not responsible to investigate the two and their families before proposing the match. That is the responsibility of the parties involved and their parents.

When suggesting that someone consider entering into a relationship with someone else, one must be mindful of the commandment לשכמ ןתת אל רוע ינפל, before a blind person do not place a stumbling block (Vayikra 19:14), which our Sages interpret as an admonition not to offer תנגוה הניאש הצע, advice which in not proper.

It is absolutely forbidden to suggest someone as a possible employee, business partner or marriage partner is one is aware that: 1. Objectively speaking, it may not be good for the people involved, or 2. It does not satisfy the subjective needs and tastes of both parties.

Not only is it cruel to subject people to situations that are bad for them, it is also wrong to involve the unsuspecting in relationships they would not have wanted had they known the facts.

WHEN TO SUGGEST AND TALK:

The prohibition against misleading one’s fellow requires that one not suggest a shidduch unless:

  • He believes that given what he knows of their personalities, the two could be a good match, and he is unaware of any reason the relationship should cause pain to either one.

  • In his opinion, there is reason to believe that their meeting will ultimately result in an engagement. (It is wrong to waste a person’s time, energy and emotions!)

  • He is not aware of any medical, emotional, or character deficiency that would render one party unfit for marriage.

  • He does not feel that either party will have a negative influence upon the other.

  • He is not aware that one party lacks something that the other is insistent upon, or has something to which the other has explicitly expressed strong objection.

Should there be any doubt as to whether any of these conditions have been met, the counsel of a talmid chacham should be sought.

WHEN NOT TO SUGGEST OR TALK:

One must understand that the possible situations of constructive negative speech that could arise in the settings of family, friends, community, business, employment, education, etc. are endless. No book can possibly give explicit instructions for dealing with them all. One’s only recourse is to become fluent in the principals, develop an understanding of the concepts, and accustom himself to consulting a Rav, so that he can meet the challenges that such situations bring with them.

The conditions which permit speaking negatively for a constructive purpose must be fulfilled:

  • The information must be firsthand, or clearly stated as secondhand and not verified.

  • It must clearly be a problem by objective standards (e.g. a debilitating disease in the person, or in the family if it is hereditary; severe psychological disorders; violent tendencies; major problems in hashkafa [outlook on basic issues of Jewish life]; an immoral lifestyle) and not a matter of personal opinion–even if one feels certain that this is not what the other party wants. It must also be clear that the information is being concealed from the other party.

  • If it is possible to convince the party that is concealing the information to come forth with it, that would be preferable.

  • The information is not to be exaggerated and only that which is necessary may be told.

  • One’s intent must be to prevent a harmful situation from coming about and not to denigrate the party spoken about. Moreover, there must be a real possibility that the information conveyed will not be ignored, so that the constructive purpose will be realized.

  • No realistic alternative to conveying the information directly can be found.

  • No undue harm will be caused by informing the party of the problem. Should there be reason to suspect that the party, upon learning that it has been deceived, will denigrate the other party or seek revenge in some other way, one should not get involved.

Simcha Online created an easy table of how to handle negative information to help Shadchanim fulfill the Mitzva in the proper way:

If Negative Information is Known
BY OBJECTIVE STANDARTS You conclude that: BY SUBJECTIVE STANDARTS
THE MATCH WILL FOR SURE BE A MISTAKE.




Examples:
Medical, Emotional, or Character Deficient.
IS NOT FOR SURE A MISTAKE, BUT IT MAY ADVERSELY AFFECT THE FUTURE OF THE PEOPLE INVOLVED.

Examples:
Monetary Matters, Ashkafa and Torah Levels
NOT BEARING IN THE RELATION, BUT THE OTHER PARTY WOULD SEE IT AS AN ISSUE.


Example:
“He says Tehilim every day”
(the other party may think: nice, but why doesn't he learn Torah instead?)
THE INFORMATION IS RELATIVE, IS A PERSONAL MATTER THAT CAN SOME TIMES GET TO POINTS OF BUTTERING IN THE RELATIONSHIP.

Example:
One party snores
As a Matchmaker or Adviser, for Reference Information,
YOU ARE:
OBLIGATED TO SPEAK EVEN VOLUNTARILY AND YOU CANNOT SUGGEST THIS PERSON.NOT OBLIGATED TO SPEAK VOLUNTARILY BUT ONLY IF YOU ARE ASKED. YOU MAY NOT SUGGEST THIS PERSON.NOT OBLIGATED TO SPEAK VOLUNTARILY. IF YOU'VE BEEN ASKED, TRY TO AVOID ANSWERING. SUGGEST ASKING A RAB. IF THEY WERE GOING OUT AND STOPPED FOR A DIFFERENT REASON, DON’T PERSUE IT.NOT OBLIGATED TO SPEAK VOLUNTARILY. IF YOU'VE BEEN ASKED, TRY TO AVOID ANSWERING, AND EVEN SAY: “I don’t know”. SUGGEST ASKING A RAB.

Post created: Dec 02, 2008 | Updated Dec 18, 2008