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Let's say that a student told his Yeshiva that he will be returning the following year. For whatever reason, the student changed his mind.

At what point must the student tell the Yeshiva of his change of plans? Must he tell them immediately, or can he push it off a bit, and tell the Yeshiva closer to the start of the year?1

On the one hand, it doesn't matter to the Yeshiva whether the student comes or not; they will be giving that class anyway, regardless of one more or one less student.2 On the other hand, perhaps, since the Yeshiva is assuming that the student will be coming back, if the student doesn't tell the Yeshiva otherwise, it would be misleading the Yeshiva and therefore a prohibition of Geneivas Da'as.3

In principle, this is the opposite of this question regarding a school telling the students that the school is closing. However, the two sides of the question are very different in this case.

1 Obviously I am assuming that there are no previously signed agreements, no Dina D'malchusa applications, etc. - just the simple question of what does halacha say in a general case.

2 Obviously this side of the question would not apply if there really is a difference if that one student comes or not; say, they rely on his tuition to keep their doors open, or if he has a private tutor at the school who will need to be told not to prepare for him. I'm sure you can come up with loads of cases where that side would not apply and therefore every day they assume he's coming costs them. Obviously my question does not apply in such cases.

3 I'm unclear if intentional lack of action that leads to a party being mislead qualifies as Geneivas Da'as. A source proving that this indeed is not Geneivas Da'as would count as a valid answer to this question.

DonielF
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  • Does Ginevas Daas go as far as something which will mislead others but isn't intended to? People get misled all the time but I've never heard you have to actively avoid accidently misleading people. – Orion Aug 27 '18 at 04:09
  • @Orion I have no idea if Geneivas Da’as extends that far. But perhaps this could be different from the normal case - a person may not be required to avoid unintentionally misleading someone, but is that true when said misleading results from an intentional statement to them? – DonielF Aug 27 '18 at 13:44
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    I am lost as to what you are seeking in this question, esp. in view of your footnote. The "moral" thing to do would be to inform the yeshiva. AFAIK, every yeshiva reserves a maximum number of seats per class, and they also inform the rebbe who will be in the class. Rarely, does a yeshiva allow "extras" into the class, so you're occupying a seat, from someone who may be on a waiting list. Additionally, many yeshivot provide student "profiles" so that the rebbe can properly prepare his class to accommodate. If you don't come, it's not simple to replace someone w/ same "profile" as you. – DanF Aug 27 '18 at 16:44
  • @DanF Again, I’m assuming a case where there are no such extenuating circumstances, where there’s no loss whatsoever to the Yeshiva or a third party. Like I said, “I’m sure you can come up with loads of cases where...every day they assume he’s coming costs them. Obviously my question does not apply in such cases.” – DonielF Aug 27 '18 at 17:14
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    @DonielF I think what you're asking may be too theoretical as to be practical. If, for some reason, there will be no loss or harm caused to anyone, then, what other factors could possibly be needed that would require someone to inform them. It's a nice thing to do, but if the yeshiva doesn't care either way, then why should you? What if you want to keep your reasoning private? What if you had a serious illness and you don't want the yeshiva to know. Inevitably, if you call to say you're not coming, they will ask why, and you may be forced to lie or be placed in an uncomfortable position. – DanF Aug 27 '18 at 17:18
  • Gneivas Daas only applies when one profits from the situation. If one hesitates, he's free to speculate. This works, of course, both ways. – Al Berko Aug 27 '18 at 19:19
  • I don't understand why should this situation deviate from the known course of the Dina Demalchuta? Is there something unclear in their agreement? – Al Berko Aug 27 '18 at 19:20
  • @AlBerko First of all, source to that definition of Geneivas Da’as? Second of all, what does Dina Demalchusa help? What does that have to do with anything? – DonielF Aug 27 '18 at 21:06
  • That's the definition of all misbehaviors - it is only a sin if one enjoys it at the expense of the other. 2. This is all a subject to their previous agreement - Yeshivah regulations etc. It there are none or unclear we follow the municipal or state regulations which are, in my understanding the D"D.
    • – Al Berko Aug 27 '18 at 21:39
  • @AlBerko 1. Go actually look at the halachos of Geneivas Da'as and get back to me. It's forbidden for Reuven to invite Shimon over for a meal, with the intent that "I know Shimon is unable to come that night, so I'll invite him over so that he'll think more highly of me that I made the effort" because of Geneivas Da'as. What expense is there in this case? He's misleading Shimon, because Shimon thinks that Reuven is just extending an invitation, not trying to manipulate his feelings - but there's no monetary loss to anyone! – DonielF Aug 27 '18 at 21:46
  • @AlBerko 2. So you're saying that if they signed something saying that they would give the school x days of notice before the school year when withdrawing, then they have to honor that agreement? Obviously. Did I say anything in my question about previously signed agreements? If there are state regulations, they have to follow them - not necessarily, depends on your definition of Dina D'malchusa, but that's neither here nor there; I asked what halacha says about this case, not what secular law says about it which we're bound by. But I'll say "excluding D"D" if you prefer. – DonielF Aug 27 '18 at 21:48