web analytics
October 2, 2014 / 8 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Delayed Order

Business-Halacha-logo

Mr. Sofer completed his book order with an online company. The vendor offered special, fast shipping for an additional cost, but he opted for regular free shipping. “Delivery within three weeks,” stated the site.

Three weeks passed and the order did not arrive. Mr. Sofer contacted the vendor’s customer service by e-mail. “I ordered a book, which was supposed to arrive last week,” he wrote. “It hasn’t arrived yet. Can you please verify that the order was shipped?”

“We shipped the book promptly,” the vendor replied. “Mail is at its busy season, though. Please give it another week and contact us again if the order doesn’t arrive.”

Mr. Sofer waited another week, but the book still didn’t arrive. He contacted the company again. “The order still hasn’t arrived,” he wrote, “even though a month has already passed.”

“We apologize for the inconvenience,” the vendor replied. “Would you like us to resend the order or refund your money?”

“I’d like to have the book resent,” answered Mr. Sofer.

“We will send out another copy immediately,” the company replied.

Three days later, the original order arrived in the mail. Shortly afterward, the additional copy also came.

“Well, I’ve got two copies of the book, now,” Mr. Sofer said to his wife. “Maybe I’ll give the spare copy to the library.”

“What do you mean?” Mrs. Sofer said. “You have to return the extra copy!”

“They decided to send the extra copy,” reasoned Mr. Sofer. “It was a gift to me. They didn’t tell me I would have to return the other copy.”

“Clearly, they sent you the extra copy only because the original order was lost in the mail,” responded Mrs. Sofer. “If you keep it, you’re stealing from the company!”

“How can this be stealing?” argued Mr. Sofer. “They chose to send the extra copy to make good on their delivery!”

“It would be best to ask Rabbi Dayan,” suggested Mrs. Sofer.

Mr. Sofer called Rabbi Dayan. “I ordered a book, and shipment was delayed,” he said. “They sent another copy and both arrived. What should I do with the extra copy?”

“You should contact the company and notify them that the original shipment arrived,” answered Rabbi Dayan. “Ask them what they would like you to do. They will either ignore the notice, ask you to return the extra book, or tell you to keep it.”

“Why should I have an obligation to do this?” asked Mr. Sofer.

“It is a form of hashavas aveidah,” said Rabbi Dayan, “either of the initial copy or of the extra one that was sent. Thus, if the company is Jewish owned, there is a requirement of hashavas aveidah. If not, you should still return the item as a Kiddush Hashem.” (C.M. 266:1)

“If they want me to return the extra copy, am I expected to cover the postage cost?” asked Sofer.

“Your primary responsibility is to notify them that you have their item,” replied Rabbi Dayan. “Although the shipping cost for returned items on the customer, costs incurred for hashavas aveidah are not on the finder, but on the owner of item. If he is not willing to cover the cost, you are not required to expend it in order to return the lost item to him. Nonetheless, if the postage cost is small, it is proper to do so.” (C.M. 264:1; See Hashavas Aveidah K’halacha 10:3)

“What if they ignore my e-mail?” asked Sofer. “Do I have to send the extra copy back to them?”

“If they ignore your notice, it would be proper to contact them a second time,” said Rabbi Dayan. “Beyond that, you would be allowed to keep what they sent. There is concept of ‘aveidah mida’as – willful loss. They knowingly sent the extra item, and if they don’t follow up afterward, this indicates disinterest in the item. This exempts you from having to return it to them, and some even allow taking it for yourself.” (C.M. 261:4)

“Furthermore, Rabbi Dayan concluded, “part of the customer service policy of the company is to guarantee prompt delivery, and they are willing to forgo the item as a compensation for the delayed delivery. It’s part of their calculated risk of regular shipping.”

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 “Delayed Order”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Car Smashed in A-Tur 2
4 Women Survive Near Lynch on Mount of Olives
Latest Judaism Stories
PTI-100314

There is one day of the year on which the Satan has no power: Yom Kippur.

Neihaus-100314

During shmittah we refrain from agricultural activities and collection of loans, and on Yom Kippur we refrain from all physical pleasures.

Daf-Yomi-logo

A Miraculous Visual Treat
‘They Lifted It Up To Show…’
(Chagiga 26b)

QuestionsandAnswers-logo

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

What right do I, sinner, have to approach Hashem and request forgiveness?

Throughout the war, Akiva had several brief furloughs home, and each time exchanged whichever mishnayos volume he had finished for the next in the series.

Imagine a man who, after having a few too many drinks, gets into his car and begins driving. It takes a while before he is pulled over, but finally the police arrest him, and he stands trial for driving while intoxicated.

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.

In addition to Yom Kippur, there is at least one other instance when a person may fast on Shabbat – the case of a ta’anit chalom, in which a person wishes to fast to prevent an ominous dream from becoming reality.

Others suggest that one cannot separate Shabbos from Yom Kippur by accepting Shabbos early.

The call of the shofar is eternal. It is not musical. Its magnetic allurement cannot be explained.

Ba’al Shem Tov: “Hashem, too, is crying; as much as He is looking for us, we rarely look for Him.”

When we cry from the heart, someone listens; When we cry on Yom Kippur, God hears us.

Contrary to popular belief, the Talmud never explicitly limits the ban on footwear to leather shoes.

On Sunday, Jews will be refraining from food and drink from dawn until sunset to commemorate the Fast of Gedaliah. Following Nebuchadnetzar’s destruction of the First Temple and exile of most of the Jews, the Babylonians appointed Gedaliah ben Achikaam as governor of Judea. Under Gedaliah’s leadership, Judea and the survivors began to recover. On […]

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

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.

Business-Halacha-logo

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/delayed-order/2013/12/12/

Scan this QR code to visit this page online: