web analytics
May 24, 2013 /15 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
The Tosfos Yomtov was convinced that the death of 300,000 –600,000 Jews during the Chmielnicki massacres of 1648-49 were because of improper Tefila. Communicated: Tefilla

Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.



Missing Payment

tell a friend
Business-Halacha-logo

Dr. Oren had a small psychology practice and rented office space from his colleague, Dr. Wieder, on Thursday afternoons. The rent amounted to $500 for the month. Since the two usually did not see each other, the arrangement was that Dr. Oren would leave the rent money in the top drawer of the desk.

One Thursday afternoon toward the end of the month, Dr. Oren brought the rent money with him. He counted the bills twice: “100, 200, 300, 400, 500 dollars.” He poked around his attaché case for an envelope to put the money in, but couldn’t find one, so he left the stack of bills loose in the drawer.

The following day, Dr. Wieder called. “Did you leave me cash?” he asked Dr. Oren.

“Yes, I did,” replied Dr. Oren. “I didn’t have an envelope, so I left the money in the drawer. I hope you got it.”

“How much did you leave there?” asked Dr. Wieder.

“I left the full amount for the month, $500,” replied Dr. Oren.

“Are you sure of the amount?” asked Dr. Wieder.

“Absolutely; I counted it twice,” answered Dr. Oren. “How much did you find?”

“Only $300,” said Dr. Wieder. “$200 is missing!”

“Do you doubt I left $500?” asked Dr. Oren, slightly offended.

“No, I don’t doubt you,” answered Dr. Wieder. “I’m concerned, though, since I suspect a certain patient of poking around the office. It would have been better had you sealed the money in an envelope.”

“I’m really sorry,” apologized Dr. Oren. “I usually try to leave the money in an envelope. There have been a few times, though, that I left cash loose in the drawer. There was never a problem and you never said anything.”

“I’m not accusing you of doing wrong, but you could have been more careful,” said Dr. Wider. “In any case, you still owe me $200 rent, since I never ended up receiving the money you left.”

“I feel bad,” replied Dr. Oren, “but I shouldn’t have to carry the loss, since I followed our arrangement to leave the money in the drawer. I’d be happy to discuss the issue, though, with Rabbi Dayan.”

“Fine with me,” said Dr. Wieder.

The two met with Rabbi Dayan, and asked: “Who is responsible for the missing $200?”

“There are two issues to consider here,” replied Rabbi Dayan. “One, whether placing money in the drawer is the same as handing it to Dr. Wieder. Two, whether the fact that this was the prearranged agreement is sufficient reason to exempt Dr. Oren.”

“Regarding the first issue,” Rabbi Dayan continued, “a person who owes money remains liable until he hands it over to the lender or his agent [C.M. 120:1]. Here, although the money was not handed directly to Dr. Wieder, placing it in the lender’s house in his presence is like handing it to him.” (Aruch Hashulchan 120:2)

“But I wasn’t present when the money was placed in the drawer,” argued Dr. Wieder. “In fact, I didn’t even find out until after the $200 was taken!”

“When the lender was not aware that the money was placed in his property, there is a question,” explained Rabbi Dayan, “since a person’s property acquires on his behalf even without his awareness [243:20]. Nonetheless, when returning a theft, the owner has to be made aware, so that he knows to guard the stolen object again [355:1]. This likely does not apply here, though, so long as the money was placed in a secure location.” (Pischei Choshen, Halva’ah 5:2)

“Regardless of whether or not Dr. Wieder knew I left the money, how about the second issue?” asked Dr. Oren. “Since our arrangement was to leave the money in the drawer, I don’t see any reason I should remain responsible!”

“Even if the lender instructs the borrower to throw the money to him, the borrower remains responsible if it gets lost, unless the lender explicitly said that the borrower would be exempt,” replied Rabbi Dayan. “This is because the lender presumably meant: ‘Throw the money, but continue watching it.’ However, if the lender said, ‘Give the money to someone specific,’ or, ‘Leave it in a certain secure place,’ the borrower is exempt even if the lender didn’t explicitly exempt him.” (SM”A, Nesivos 120:1)

tell a friend

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.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Rep. John Conyers, D-Mich
Rep. John Conyers Apologizes for Louis Farrakhan’s Antisemitic Remarks
Latest Judaism Stories
Leff-052413
Judaism → Parsha

Do you say Shema before you go to sleep? I’m sure you do.

But perhaps you, like many, feel too tired at night to say the entire tefillah of Kri’as Shema as it appears in the siddur. If you do say the entire tefillah, you will recognize a pasuk in this week’s Haftorah. And if you don’t say the whole Kri’as Shema al Hamitah, perhaps after this column, you’ll re-consider and find yourself connecting with the following very comforting pasuk.

Niehaus-052413
Judaism → Parsha

The sand is rapidly running through the hourglass, as the centrifuges in the secret Iranian nuclear plants spin furiously. It is quite clear that the Iranians are on the brink of attaining nuclear capability, and we are well aware of the danger that would face Klal Yisroel in that event, chas v’sholom. All the sanctions, threats, and computer worm attacks do not seem to be stopping them, and it is terrifying. And when we see how vulnerable we are to terrorist attacks anywhere in the world, we become even more terrified.

The-Shmuz
Judaism → Parsha

Miriam spoke disparagingly about Moshe Rabbeinu. Because of this, she contracted tzaras, and for seven days she was sent outside the camp of Israel.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Judaism → Halacha & Hashkafa

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

Judaism → Parsha

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Halacha & Hashkafa

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Judaism → Halacha & Hashkafa

Question: The Midrash notes that the song the Jews sang after they crossed the Red Sea (“Az Yashir”) was unique; its likes had never been heard before in the world. Our Sages even refer to it as a shirah chadashah, a “new song.” What made “Az Yashir” so unique and in what sense was it a “new song”?

Judaism → Columns → Lessons In Emunah

The rav was not a wealthy man, but earned enough to live comfortably. He earned his money by serving as the rav of a religious community in Yerushalayim. He also received some royalties from sefarim he had written over the years. He was well known, and many people approached him for a berachah, advice and help. They were not turned away.

Judaism → Columns → Rabbi Lord Jonathan Sacks

Tanach, the Hebrew Bible, is remarkable for the extreme realism with which it portrays human character. Its heroes are not superhuman. Its non-heroes are not archetypal villains. The best have failings; the worst often have saving virtues. I know of no other religious literature quite like it.

Judaism → Rebbetzin's Viewpoint

Last week I shared a letter from a newly observant Jewish woman. She and her husband reside in a small suburban community outside of Los Angeles. Last year they came to consult with me on a personal religious issue. While they were both ba’alei teshuvah, there was one fine difference between them. He had become a ba’al teshuvah earlier than she and was therefore somewhat more settled in an observant lifestyle.

Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Judaism → Halacha & Hashkafa

The winter was over, and the days began to get longer and warmer. The sun shone brightly in clear skies, grass and flowers were blooming, and the trees were producing layers of green foliage.

Judaism → Halacha & Hashkafa

Pleasantville was a quiet suburban town with large properties and curving roads that wound around them. Mr. Feder lived just behind the local shul. Since the road wound around his property, people coming to shul on Shabbos would often take a shortcut through his property to walk to shul. The treaded area of earth marked the place where people made their way weekly. The through traffic did not bother Mr. Feder, as his house was on the other end of the property. He never made a fuss about it, but had never officially sanctioned this public shortcut.

Judaism → Halacha & Hashkafa

Betzalel was a “fix-it” man who enjoyed carpentry as a hobby. He did many home improvements himself, which he found both economical and enjoyable. He was now building a swing set for his children, happily sawing, drilling, hammering, and bolting the pieces.

Judaism → Halacha & Hashkafa

For a number of years Mrs. Baum hadn’t worked but instead stayed home watching her young children. As their youngest child approached pre-school age, she decided to enter the work force again. Half a year before she planned to return to work, she began sending out resumes, networking and speaking with potential contacts.

Judaism → Halacha & Hashkafa

“Tonight is Bernie’s birthday,” Jeremy said to his friend, Adam. “We’re planning a surprise birthday party for him. Would you like to join?”

Judaism → Halacha & Hashkafa

Congregation Toras Yisrael decided to hold a learning program on Friday morning, Chol Hamoed Pesach. Two weeks before Pesach, the gabbai in charge of the program discussed possible guest speakers with the shul rabbi, Rabbi Brick.

    Latest Poll

    If you could only choose one of the following scenarios regarding Chareidi IDF service, which would you choose?





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/missing-payment/2012/09/06/

Scan this QR code to visit this page online:

Related posts:

  1. Missing Money
Close