web analytics
November 26, 2014 / 4 Kislev, 5775
At a Glance
Judaism
Sponsored Post
IDC Herzliya Campus A Day on Campus

To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.



Bumped!

Business-Halacha-logo

Rabbi Feld headed out to the airport early in the morning. He was flying to the wedding of one of his congregants, Mr. Krauss, who had purchased him a complimentary ticket. Although the wedding was scheduled for late afternoon, they had booked an early flight to allow ample time.

After checking in, Rabbi Feld sat in the boarding lounge, learning his Daf. Across the lounge, he noticed Rabbi Dayan waiting for the same flight. Rabbi Feld went over and introduced himself.

“I’m heading to a wedding in Chicago,” said Rabbi Feld. “By any chance, are you also attending?”

“No,” replied Rabbi Dayan. “I was invited to give a shiur.”

As the talked, an announcement came over the loudspeaker: “Continental flight 473 to Chicago is overbooked. There is an additional flight at 12 p.m. Passengers willing to be rescheduled to that flight will be granted a free round-trip ticket to anywhere that Continental flies. Please approach one of the Continental representatives near the boarding gate.”

Rabbi Feld couldn’t believe his ears. A free ticket to anywhere Continental flies! He could get a free round-trip ticket to Israel in exchange for a few hours’ delay. He looked at his watch. Even with the later flight, he should arrive at 3 p.m., just in time to make the wedding. “Should I risk it?” he thought to himself.

While he considered the issue, he further questioned: Since the family sponsored the ticket, perhaps they would be entitled to the bonus ticket? It was their money, after all.

A few people started heading over to the flight representatives. Rabbi Feld needed to make a quick decision. He turned to Rabbi Dayan and explained the situation. “Can I take the later flight?” he asked. “If I do, who gets the ticket?”

“Whether you can take the later flight depends on what you expect Mr. Krauss would want,” said Rabbi Dayan. “The bonus ticket would certainly belong to you, though.”

Rabbi Feld decided that it would be irresponsible to risk arriving late for the wedding, despite the potential gain.

“Thank you; I’ll keep the flight,” he said to Rabbi Dayan. “Now that we have some time, though, could you please explain the reason for what you said?”

“When a person gives a gift, we evaluate his intention in giving it,” said Rabbi Dayan. “Mr. Krauss clearly bought you a ticket so that you could participate in his simcha. Therefore, you should act with it in accordance with his intention. Presumably, he would not want you to arrive late for the wedding.” (See 241:5; 246:1)

“I probably would just be able to make it, unless there were unexpected delays,” said Rabbi Feld. “Is that acceptable?”

“The same principle applies,” replied Rabbi Dayan. “If Mr. Krauss would be willing for you to take the risk in light of the tremendous gain, it would be permitted. This would likely depend on whether you were asked to be the mesader kiddushin. If you were meant to lead the wedding or take an important role in the chuppah, presumably he would not be willing to have you take any risk; if you were just a guest – albeit an important one – he would probably concede.”

“What about the bonus ticket?” asked Rabbi Feld. “I know that in some cases an agent who bought something and received a bonus must share it with the sender who paid the money [C.M. 183:6]. Here, Mr. Krauss paid for the ticket.”

“Correct, but this does not apply here for a number of reasons,” said Rabbi Dayan. “First, the bonus ticket would be issued under your name. Rashi explains that the bonus is shared because we are unsure to whom the seller intended to give it, the sender who paid the money or the agent who executed the purchase. Accordingly, when the bonus is explicitly designated to the agent, he is entitled to it.” (Rama 183:6)

“But don’t some later authorities question this ruling?” said Rabbi Feld.

“Yes, and some suggest that an agent should share the bonus with the sender even if explicitly given to him,” said Rabbi Dayan. (See Be’er Heiteiv 183:21; S.A. Harav, Mechira #11) “However, the Rashba writes that if the agent received the bonus because he benefited the seller, everyone would agree that it belongs completely to the agent [Ketzos 183:7]. Here, the bonus ticket is not because of the initial purchase, but because you were willing to be bumped from the early flight.”

Rabbi Dayan concluded: “Furthermore, the commercial airline practice is to benefit the bumped individual, regardless of who paid for the ticket. Thus, the principle of hakol keminhag hamedina (everything in accordance with the common commercial practice) applies here.” (331:2)

“Thank you,” said Rabbi Feld. “This will make for an interesting shiur when I return home!”

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


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Bumped!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Ferguson, Missouri: rioting against racism, encouraging murder
The Foul Stench of the Ferguson Fallout
Latest Judaism Stories
Dante's Vision of Rachel and Leah

Yitzhak called you Esav and you answered him, then he called you Yaakov and you also answered him!”

Rabbi Avi Weiss

Yitzchak thought the Jewish people needed dual leadership: Eisav the physical; Yaakov the spiritual

Weiss-112114-Sufganiot

According to the Sefer Yetzirah, the nature of the month of Kislev is sleep.

Teller-Rabbi-Hanoch-NEW

Though braggarts come across as conceited, their boasting often reflects a low sense of self-regard

Not every child can live up to our hopes or expectations, but every child is loved by Hashem.

Leaders must always pay attention to the importance of timing.

While our leaders have been shepherds, the vast majority of the Children of Israel were farmers.

Maimonides himself walked and prayed in the permissible areas when he visited Eretz Yisrael in 1165

If a man dies childless, the Torah commands the deceased’s brother to marry his brother’s widow in a ceremony known as yibum, or to perform a special form of divorce ceremony with her known as chalitzah.

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

Ever Vigilant
‘When Unworthy, One’s Number Of Years Is Reduced’
(Yevamos 50a)

Question: My young daughter was recently diagnosed with autism. She does not function well socially and is extremely introverted, but we have noticed that she reacts very well to small animals. We reported this to her therapist who suggested that we get a dog or cat as a pet. We know that most religious people frown upon having pets, but we hate to see our daughter suffer and want to do anything that would make her happy. Would it be okay to own a pet in the circumstances we described?

Her Loving Parents
(Via E-Mail)

Ramban interprets Korban as self-sacrifice, each Jew should attempt to recreate Akeidas Yitzchak.

Dr. Schwartz had no other alternatives up his sleeve. He suggested my mother go home and think about what she wanted to do.

Why does Lavan’s speaking before his father show that he was wicked? Disrespectful, yes. Rude, certainly. But a rasha?

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

Business-Halacha-logo

“That’s what I thought, so I returned the money to Aharon,” said Reuven. “But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don’t know whether the $70 was connected to the note, and was Aharon’s for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note.”

On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev’s hand. It fell to the ground and a piece broke off.

Mr. Fisher contacted Rabbi Dayan. “Am I allowed to use money of ma’aser kesafim to pay the shul for an aliyah that I bought?” he asked.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/bumped/2012/11/02/

Scan this QR code to visit this page online: