web analytics
July 26, 2014 / 28 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Missing Hei


Business-Halacha-logo

“Our nephew Yoni is getting married in two weeks,” Mr. Schwartz said to his wife. “What should we get the couple for their wedding?”

“I’d like to get them a nice artwork,” replied Mrs. Schwartz. “Our neighbor, Mrs. Glazer, handcrafts beautiful gifts in her basement gallery.”

“Great idea!” Mr. Schwartz concurred.

Mrs. Schwartz contacted Mrs. Glazer. “I’d like an artwork for my nephew who’s getting married,” she said.

“You’re welcome to come to the gallery,” replied Mrs. Glazer. “I can show you the various works I do.”

Mrs. Schwartz went over to the gallery. “Would you like something made of silver?” Mrs. Glazer asked. “Or a painting? Glasswork?”

“I’d like something painted on glass, with the artwork expressing their names, Shoshana and Yehonasan,” she said. “You can have flowers expressing Shoshana and a something else expressing Yehonasan. Any ideas?”

“Maybe a bow,” suggested Mrs. Glazer. “It relates to the haftarah of Machar Chodesh; I can color it like a rainbow”

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“Thank you for letting me know,” said Mrs. Glazer. “I’ll write it down.”

“How long will it take to prepare?” asked Mrs. Schwartz.

“A week plus,” said Mrs. Glazer. “When is the wedding?”

“It’s in two weeks,” said Mrs. Schwartz, “so that’s fine.”

The following week, Mrs. Glazer called. “Your artwork is ready,” she said. “You can come pick it up.”

“Thank you very much,” said Mrs. Schwartz. “How did it come out?”

“Absolutely gorgeous,” said Mrs. Glazer. “It will suit the new couple just perfectly!”

Mrs. Schwarz turned to her husband. “Please pick up the gift from Mrs. Glazer; it’s ready.”

Mr. Schwartz went to the gallery. “It’s beautiful,” he said. He paid Mrs. Glazer and brought the gift home.

When he came home, Mr. Schwartz showed his wife the artwork. “What do you think of it?” he asked.

“It’s just unbelievable!” she exclaimed.

Suddenly she gasped. “Oh, no! I don’t believe it!” she cried out.

“What’s the matter?” Mrs. Glazer asked with concern.

“I told her clearly that our nephew spells his name Yehonasan, with a hei,” she said. “She wrote Yonasan, without a hei!”

Mrs. Schwartz went immediately to the gallery and showed Mrs. Glazer the problem. “You’re right,” Mrs. Glazer apologized. “I wrote it down, but forgot to check when I painted their names.”

“I’m sorry, but I can’t give the gift with a misspelled name,” said Mrs. Schwartz. “Can you somehow add the hei?”

Mrs. Glazer considered for a moment. “I’m afraid not,” she said. “Hei is a big letter. I could squeeze a yud in, but hei is a big letter. It will ruin the whole effect.”

“I simply can’t take it as is,” said Mrs. Schwartz. “Either make a new one or I’ll have to get another gift.”

“I already invested much time and effort,” Mrs. Glazer tried to sooth her. “It’s unbelievably beautiful. People won’t even notice the misspelling!”

“Yehonasan will, though,” said Mrs. Schwartz.

“I can’t do anything with the artwork if you don’t take it,” said Mrs. Glazer. “It was a custom order for you. I’m willing to refund you 50 percent”

“I don’t want it at all, not even for 10 percent” insisted Mrs. Schwartz. “I want the gift in perfect condition or my money back!”

“I’d like to consult with Rabbi Dayan,” Mrs. Glazer said. “You realize it’s a total loss for me.”

“That’s fine,” said Mrs. Schwartz. “Go ahead.”

Mrs. Glazer called Rabbi Dayan. “I crafted a custom wedding gift, but wrote Yonasan instead of Yehonasan,” she said. “Personally, I don’t think it’s such a problem and I’m even willing to refund 50 percent, but the customer wants it redone completely or a full refund. What’s the halacha?”

“The definition of defective merchandise depends on what is considered defective in that time and place,” replied Rabbi Dayan. “Misspelling the chassan‘s name in an artwork meant for display would seem defective. The customer has the right to return the defective item for a full refund. You cannot insist that the sale be upheld and refund the difference in value.” (C.M. 232:4,6)

What about the reverse case?” asked Mrs. Schwartz. “Let’s say the customer wanted to keep the gift but pay only half, whereas I wanted her to let me redo it at full price.”

“The same halacha applies, ” answered Rabbi Dayan. “The customer cannot force the seller to reduce the amount. His only legal recourse is to invalidate the sale, if he wants to.”

“If the item can be fixed fully, though,” concluded Rabbi Dayan, “then the seller can fix the item without annulling the sale.” (SM”A 232:14)

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.

Please use the Facebook Tab below to leave your comment:

No comments yet (Click to Comment)

No Responses to “Missing Hei”

SocialTwist Tell-a-Friend

Loading Facebook Comments ...
Loading Disqus Comments ...
Current Top Story
John Kerry
Entire Israeli Cabinet Rejects Kerry’s Proposed Ceasefire, Talks Continue
Latest Judaism Stories
Weiss-072514

Just as the moon waxes, wanes and renews itself, so has the nation of Israel renewed itself through the millennia.

126_masei_web

Parshat Masei: Rabbi Fohrman addresses the age-old question, are we our brother’s keeper?

Hertzberg-072514

When Germany invaded neutral Belgium on August 4, England declared war on Germany. Thus, by the end of the first week of August all the major powers of Europe were at war.

Winiarz-072514

The Talmud teaches that the Beis HaMikdash was destroyed because of baseless hatred.

When taking any major step in life it is a good idea to carefully re-evaluate one’s past.

Ours is a small and intensely vulnerable people. Inspired, we rise to greatness. Uninspired, we fall

The enormity of Hiram’s accomplishments crazed him and deluded him into self-deification.

When Hashem first thought (if it could be) about creating the world, the middah of din was in operation.

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

It was found to be a giant deer tick living in her head – with its claws in her scalp.

While daydreaming about finding the perfect job, I never expected to be rewarded in spades for my aforementioned experience.

We are all entrusted with the mission of protecting our fellow Jews

Today, we remain Hashem’s nachal.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

Business-Halacha-logo

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/missing-hei/2014/07/17/

Scan this QR code to visit this page online: