web analytics
March 27, 2015 / 7 Nisan, 5775
At a Glance
Judaism
Sponsored Post


Missing Money

Business-Halacha-logo

“We’re flying to Israel tonight for a month to visit our children who live there,” Mr. Hirsch told his neighbor, Mr. Feiner.

“My son, Shmuli, is also learning there for the year,” replied Mr. Feiner. “Would you mind taking an envelope with money for him?”

“I’d be happy to,” said Mr. Hirsch. “You can drop it off any time this afternoon.”

When Mr. Feiner came, he wished Mr. Hirsch a safe flight and gave him a sealed envelope. Mr. Hirsch packed it away carefully.

When Mr. Hirsch arrived in Israel, he called Shmuli to have him pick up the money. “I can meet you on Friday afternoon,” Shmuli said. “Is that OK with you?”

“We’ll be all around town on Friday, so I don’t know where I’ll be,” said Mr. Hirsch. “I can take the envelope with me, though, and you’ll give me a call when you’re ready.”

“That’s fine with me,” said Shmuli. “I’ll meet you wherever you are.”

On Friday morning, Mr. Hirsch put the envelope in his coat and headed out. As the day wore on, the sun shone strongly and it became warm, so he slung the coat over his arm. There were a lot of errands to take care of and he moved around from place to place.

At 12 o’clock, Shmuli called. “Hello, this is Shmuli Feiner,” he said. “I’m ready to head out. Where can I meet you?”

Mr. Hirsch suddenly realized he no longer had his coat. He had left it somewhere along the way.

“I… I… put the envelope in my coat this morning, but left it somewhere along the way,” he apologized to Shmuli. “Do you know how much was in the envelope?”

“I spoke with my father yesterday, and he said $200 or $300,” replied Shmuli. “He didn’t remember, exactly, though.”

“If you can wait on the money, let me see if I can find the coat,” said Mr. Hirsch. “We’re here another three weeks.”

“I’m OK meanwhile,” said Shmuli. “Let me know what happens.”

Mr. Hirsch tried retracing his steps, but with no success.

Two weeks went by, with no news of the missing coat and envelope. Mr. Hirsch abandoned hope of retrieving his jacket. “It seems that the coat and envelope are gone,” he said to his wife. “I’ll have to buy a new coat when we get home.”

A few days later, Mr. Hirsch received a phone call. “Shalom, this is Amram speaking,” the caller said. “I just found a blue coat that had papers with your name and number on them.”

“Wow! I lost that coat two weeks ago and gave up hope of finding it,” exclaimed Mr. Hirsch. “Where did you find it?”

“I found it in one of the parks in our neighborhood,” said Amram. “It was sitting on a bench in the corner.”

“Oh, right,” said Mr. Hirsch. “I forgot that I stopped in that park to have a drink.”

“Was there an envelope in the coat?” asked Mr. Hirsch hopefully.

“No,” said the caller, “just the papers with your name and number on them.”

“Thank you for notifying me,” said Mr. Hirsch. “I can’t come to get the coat now, but I’ll be in touch with you later in the afternoon.”

Mr. Hirsch picked up the phone and called Rabbi Dayan. He related the story and asked: “Am I liable for the missing money?”

“Since the money was in a sealed envelope, you have the status of a shomer chinam, an unpaid guardian, on the money” replied Rabbi Dayan. (C.M. 292:7) “As such, you are liable for negligence, but not for theft or loss. However, loss does not include such a case, where the guardian does not know where he left the item; that is considered negligence. Therefore, you are liable for the money. Even though it seems to have been stolen subsequently, you remain liable.” (C.M. 291:6-7)

“How much am I liable for?” asked Mr. Hirsch. “We do not know how much was in the envelope”

“If Mr. Feiner were certain he had put $300 in the envelope, you would have to pay that amount,” answered Rabbi Dayan. “However, because he also is unsure how much he put in the envelope, $200 or $300, you only have to pay the $200 he is sure of.” (C.M. 298:2; 90:10; Shach 90:16)

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 “Missing Money”

Comments are closed.

Current Top Story
Netanyahu and Saudi King Salman.
‘Arab-Israel Alliance’ Leaving Obama Isolated
Latest Judaism Stories
Business-Halacha-logo

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

The-Shmuz

So what type of praise is it that Aaron followed orders?

Daf-Yomi-logo

Her Children, Her Whim
‘Kesubas Bnin Dichrin’
(Kesubos 52b)

Q-A-Klass-logo

Question: Must one spend great sums of money and invest much effort in making one’s home kosher for Passover? Not all of us have such unlimited funds.

Name Withheld
(Via E-Mail)

Yachatz is not mentioned in the Gemara. What is the foundation for yachatz?

First, the punishment for eating chametz on Pesach is karet, premature death at the Hand of God.

Why is it necessary to invite people to eat from the korban Pesach?

How was I going to get to Manhattan? No cabs were going, we didn’t have a car, and many people who did have cars had no gas.

Did you ever notice that immediately upon being granted our freedom from Egypt, the Jewish people accepted upon themselves the yoke of a new master – Hashem?

Why does Torah make the priests go through a long and seemingly bizarre induction ceremony?

Often people in important positions separate from everyday people & tasks-NOT the Kohen Gadol

You smuggled tefillin into the camp? How can they help? Every day men risked their lives to use them

Rambam: Eating blood’s forbidden because connected to idolatry;Ramban: We’re affected by what we eat

Rambam warns that a festival meal without taking care of the needy isn’t fulfilling simchat yom tov

Nothing beats some preparation to make it a memorable Seder!

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

Business-Halacha-logo

“Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“This sounds like a question for Rabbi Dayan,” said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

“Halacha differentiates between giving a gift, forgoing a debt [mechila], and granting permission to take something,” answered Rabbi Dayan.

“I don’t accept this,” said Mr. Zummer. “I want you to finish! You’re not allowed to just stop in the middle!”

“That’s what you’re wondering?” laughed Mr. Rubin. “That ring is not mine at all. A relative gave me money to buy it for him.”

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/missing-money/2013/01/24/

Scan this QR code to visit this page online: