“What if Dan was unsuccessful in recovering my bag?” asked Shai.
“Even had Dan stipulated, you would not have to cover the loss of his bag but only the value of his service in pursuing the thief,” said Rabbi Dayan. “If you were present and Dan didn’t stipulate, you wouldn’t have to pay anything, since he didn’t provide any service of value.” (C.M. 264:4; See SM”A 264:12)
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 firstname.lastname@example.org. 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 email@example.com.
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