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 Necklace

Choshen-Mishpat-logo

“Do you realize that it’s Shaindy’s 30th birthday in a month?” Sara asked Penina. “It’s amazing how time flies!”

“I would like to get her something special,” Penina said. “It’s not common that high-school friends are close for so long. We still talk on the phone once a week.”

“Great idea,” said Sara. “We should also include Bracha. She was her closest neighbor before Shaindy moved away.”

“What should we should get?” asked Penina.

“We could get Shaindy a set of dishes,” suggested Sara.

“I don’t know,” hesitated Penina. “I’d like something special just for her!”

“I know!” Sara’s face lit up. “My neighbor Mrs. Diamond makes jewelry. We can buy Shaindy a nice necklace.”

“Fantastic!” exclaimed Penina. “I’ll call Bracha and ask if she’s OK with the idea.”

The following day, Penina met Sara outside in the park. “I spoke with Bracha and she was eager to participate in the gift. She also said she can get the gift over to Shaindy.”

“Excellent,” replied Sara. “We’ll meet tomorrow afternoon at Mrs. Diamond and choose the necklace.”

The following day, Sara and Penina bought a necklace at Mrs. Diamond. “Shaindy will just love it,” Sara said. “It’s just her taste!”

“I’ll see Bracha next week,” said Penina. “I’ll her give the necklace so that she can get it to Shaindy.”

Penina brought the necklace over to Bracha and showed it to her. “Oh, it’s lovely,” said Bracha. “I’ll get it over to Shaindy for her birthday.”

A few weeks later, Sara and Penina were talking. “You know, it’s strange,” Sara said. “Shaindy never said anything about the necklace.”

“I know,” Penina replied. “I also spoke with Shaindy and she didn’t say anything. I finally asked if she got the necklace, and she said that she didn’t. I’ll ask Bracha what happened.”

Penina called Bracha. “Oh! I sent the gift with my neighbor, who teaches with Shaindy,” Bracha said. “I’ll check what happened.”

Bracha called her neighbor. “Did you ever give that necklace to Shaindy?” she asked. “I remember that you asked me about bringing it,” answered her friend, “but you never gave it to me in the end.”

Bracha called Penina. “My neighbor doesn’t recall that I gave her the gift to deliver to Shaindy,” she said. “I’m really sorry about the mix-up.”

Penina called Sara. “Bad news,” she said. “Bracha says she gave the necklace to her neighbor who works with Shaindy, but the neighbor claims she never received it.”

“What do we do now,” said Sara. “That necklace cost a lot of money! Bracha should have been on top of things.”

“I know,” replied Penina. “But she says she sent it to Shaindy with her neighbor.”

“Well, then, it’s her neighbor’s fault,” said Sara. “Maybe she lost it, or even worse…”

“I don’t think Bracha would give the necklace to someone who would steal it,” said Penina. “But her neighbor said that she doesn’t even recall getting the necklace. It’s very strange.”

“Someone’s got to take responsibility for the necklace,” said Sara. “The question is: Who?”

“Maybe Rabbi Dayan can help,” suggested Penina. “My husband will ask if we can meet with him in his house.”

Sara, Penina and Bracha met with Rabbi Dayan. Penina related what happened and asked, “Who is responsible for the missing necklace?”

“If Bracha informed you and Sara that she was going to send the necklace with someone,” said Rabbi Dayan, “she is not responsible for it, since she followed the arrangement and you trusted that her neighbor was reliable.” (C.M. 121:1)

“What about the neighbor?” asked Sara.

“The neighbor also cannot be held responsible,” said Rabbi Dayan, “since she denies ever having received the necklace.” (121:8)

“I have to acknowledge, though,” Bracha said with a sigh, “that I never told Sara and Penina that I was planning to deliver the necklace through my neighbor.” “In that case, you are responsible for the necklace if you cannot ascertain what happened to it,” said Rabbi Dayan. “A person who is entrusted with an item, and certainly one who is asked to deliver it, should not give it over to another, unless the other person is implicitly trusted by the owner. If he does, he carries liability if the item is lost.” (291:26; see Pischei Choshen, Pikadon 4:ftnt. 8)

“What if we trusted the neighbor?” asked Penina.

“Bracha is responsible for the necklace in our case even if you trusted her neighbor,” concluded Rabbi, “since she denies having received the necklace and Bracha cannot account for it.”

A week later, Bracha called Penina. “Guess what happened!” she said excitedly. “My cousin, who also works with Shaindy, returned the necklace to me. I must have given it to her instead and she forgot whom she was supposed to give it to!”

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.

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 Necklace”

Comments are closed.

SocialTwist Tell-a-Friend

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-necklace/2012/01/04/

Scan this QR code to visit this page online: