web analytics
December 19, 2014 / 27 Kislev, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



Forgotten Fill-Up


Choshen-Mishpat-logo

“We are pleased to announce we have been donated a car for communal use,” read the sign in Kollel Mishpat. “Members of the Kollel can use the car g’mach, as available, in coordination with Dani.”

“Wow!” said Yossi. “How much is usage?”

“The charge is 50 cents per mile, to cover gasoline and wear and tear,” said Dani. “Payment is due immediately upon returning the car. If you fill up with gas, the g’mach will refund you that amount.”

“I have an appointment next Tuesday afternoon,” said Yossi. “Is the car available then?”

“Yes,” said Dani. “I’ll write you down.”

Yossi picked up the keys on Tuesday afternoon. “I should be back in about five hours,” he said.

“There’s not much gas in the car,” said Dani. “You’ll probably have to add gas on the way home.”

Yossi drove to his appointment 30 miles away. On the way home, he pulled into the gas station.

“How much gas should I put in?” Yossi thought to himself. He checked his wallet. “I’ve only got $40 cash. Should I put in $10, $20, or $30?” After deliberating a moment, he paid the attendant and proceeded to the pump.

When Yossi came home, his wife said, “While you have the car, there are a few more errands to do.”

Yossi returned just before Minchah. He gave the keys to Dani, and said, “I’ve got to run to minchah now! We’ll settle later.”

A month later, Dani gave Yossi a call. “I was reviewing the car log,” he said. “You drove 60 miles, which is $30, but no payment was listed.”

“You’re right,” Yossi apologized, “I forgot to take care of it, but I purchased gas.”

“That’s fine,” said Dani. “We reimburse for that. How much did you put in?”

“It’s funny, but I don’t remember anymore,” said Yossi. “I remember debating, though, whether to put in 10, 20, or 30 dollars.” He tried very hard to jar his memory, but couldn’t.

“It’s a pity you didn’t pay on time, like you were supposed to,” said Dani. “Then we wouldn’t have had this problem. Ask Rabbi Dayan how to deal with this.”

Yossi called Rabbi Dayan. “I owe the car g’mach $30, but purchased gas on the way home,” he said. “I don’t remember, though, whether I added $10, $20 or $30. Should I assume the least, most, or middle amount?”

“This issue seems to be an intricate dispute between the Ketzos Hachoshen and the Nesivos Hamishpat,” said Rabbi Dayan, “although there is an additional factor here.”

“Oh?” said Yossi. “I didn’t think it would be so complicated.”

“In general, when neither the lender nor the borrower remembers whether the loan was repaid,” explained Rabbi Dayan, “the person cannot be made to pay in beis din, and there is even a dispute whether he has a moral obligation to pay, latzeis yedei shamayim.” (See Taz 75:10; Shach 75:65-67; Pischei Teshuvah 75:21)

“This seems to be our case,” said Yossi. “Neither of us knows whether I repaid the loan by purchasing the gasoline.”

“It seems so at first,” said Rabbi Dayan, “but our case is somewhat different.”

“In what way?” asked Yossi.

“In our case, you have a definite obligation of $30 for using the car, which you did not repay, and there is a possible counter obligation of $10-30 for the gas you bought,” said Rabbi Dayan. “The Ketzos Hachosen [75:5] differentiates between a possible repayment and a counter obligation. When there are two counterclaims, the Ketzos reasons that we treat each obligation independently. The obligation of $30 is clear, whereas the counter obligation for the gasoline is questionable, so that we have to assume the minimal amount of $10. As such you remain obligated for $20.”

“You mentioned that the Nesivos argues,” said Yossi.

“Yes. The Nesivos Hamishpat [75:5] reasons that the counter obligation is considered a form of repayment,” said Rabbi Dayan. “As such, this case is also considered one of possible repayment where neither party knows, so that there remains, at most, a moral obligation.”

“Nonetheless, in this particular case, there is an additional reason to obligate you,” concluded Rabbi Dayan. “This is because the uncertainty arose because of your negligence. In a normal situation where neither the borrower nor the lender remembers whether the loan was repaid, both parties are equally at fault. Furthermore, it is understandable that people sometimes forget.

“Here, however, had you paid in a timely manner according to the rules, you would have known how much you spent on gas. Only because you delayed so much did the doubt arise, so that you cannot hide behind the veil of forgetfulness. Therefore, you can assume only the lower amount of $10, and must repay the remaining $20.” (See Pischei Choshen, Halva’ah, ch. 2, note 78; Nesivos 75:5)

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 “Forgotten Fill-Up”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Moshe Kachlon (L) and Avigdor Liberman (R)
Liberman’s Secret Plan to be Crowned Prime Minister
Latest Judaism Stories
Daf-Yomi-logo

Fetal Immersion?
‘The Fetus Is A Limb Of Its Mother’
(Yevamos 78a)

Joseph making himself known to his brothers

Yosef proves he is a true leader; He is continually and fully engaged in the task of running Egypt

Grunfeld-Raphael-logo

When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.

Rebbetzin Esther Jungreis

Those who reject our beliefs know in their souls Jewish power stems from our faith and our prayers.

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

Though we Jews have deep obligations to all people our obligation to our fellow Jew is unique.

In a way that decision was the first in a series of miracles with which Hashem blessed us.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

Exploring the connection between Pharaoh’s dreams and the story of Joseph being sold into slavery.

Our right to exist and our form of self-government were decided by the ruling parties.

It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles.

If Chanukah was simply a commemoration of the miracle of the oil and Menorah, we would be hard pressed to see the connection between the reading from Parshas Nesiim and Chanukah.

“Can you hear what the dead are whispering? Leave Galut, escape to Eretz Israel-Lech lecha!”

The ‘homely’ ancient rock, discovered in 1993, adds evidence of King David’s existence.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

Business-Halacha-logo

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

Mr. Weiss refused to listen and sued Mr. Cohen in civil court.

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

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.”

“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.’ ”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/forgotten-fill-up/2011/11/24/

Scan this QR code to visit this page online: