web analytics
December 18, 2014 / 26 Kislev, 5775
 
At a Glance
Judaism
Sponsored Post
Knesset and Menorah Lawyers Called Upon to Use Their Legal Skills in Israel’s Defense

Learn about the up to the minute human rights and legal challenges facing Israel, while networking with other likeminded professionals and earning CLE credits in your jurisdictions – all at the same time



Oh, Nuts!

Business-Halacha-logo

At 12 a.m., someone placed a box of nougat chocolate bars in the beis medrash for the talmidim who had stayed learning late. Moshe was on a diet, but took one for his chevrusa, David, who had gone back to his dorm room for a few minutes to get a sefer.

While he was standing by the box, Moshe got into a halachic discussion with one of his friends. He put the chocolate bar down on the table next to the box. Meanwhile, Aryeh came by. He looked in the box, but it was already empty. He saw the bar lying next to the box and took it.

Moshe noticed him taking it. “I’m sorry,” he said to Aryeh. “I already took that bar for my chevrusa, David.”

Aryeh looked at him skeptically. “I’m not sure it was fair to take for him when there weren’t enough for the people who are here now,” he said. He put the chocolate bar down.

“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.”

Moshe finished talking to his friend and returned to his place. David returned a few minutes later.

“They put out nougat chocolate bars for the bachurim while you were gone,” Moshe said to him. “I took one for you.”

“Thank you very much,” said David. “However, I’m allergic to nuts, so I can’t eat it.”

“So you don’t want it?” asked Moshe.

“No,” said David. “You can give it to someone else.”

Zvi, who was sitting nearby overheard them. “I didn’t get one,” he said. “The box was finished when I went. Can I have it?”

“Sure,” said David. He reached over and passed the chocolate bar to Zvi.

“Actually, Aryeh had wanted that bar,” Moshe commented. “He even picked it up, but I told him I had taken it for you. Maybe he should get it?”

“Oh, I didn’t realize,” said David. “But I already gave it to Zvi. It’s his now.”

“I’m not sure,” said Moshe. “If you don’t want the bar, then maybe Aryeh has first rights.”

“Rabbi Dayan is still learning here,” said David. “Let’s ask him.”

Moshe, David, Aryeh and Zvi went over to Rabbi Dayan. Moshe related the story to Rabbi Dayan. “Who does the chocolate bar belong to?” he asked. “Aryeh or Zvi?”

“In your case, the chocolate bar belongs to Aryeh,” Rabbi Dayan ruled. “Since David did not want the chocolate, it remained available for anyone to take and Aryeh’s acquisition is valid retroactively.”

“Can you explain more?” asked Aryeh.

“When the box of chocolate was put out,” explained Rabbi Dayan, “Moshe was able to acquire a bar on behalf of David based on the principle of zachin l’adam shelo b’fanav – it is possible to acquire on behalf of someone even when he is not present.” (C.M. and Shach 269:1)

“So the chocolate bar should belong to David?” asked Zvi.

“It would be David’s if he were interested in getting the chocolate,” said Rabbi Dayan. “However, you cannot force someone to accept something he does not want. If the recipient expresses disinterest in the item and says he does not want it, the acquisition on his behalf is null and void retroactively. Thus, when Aryeh initially picked up the chocolate bar, it actually was available, so that he acquired it.” (C.M. 243:1)

“What if Aryeh hadn’t picked it up?” asked Moshe. “Let’s say he had just asked me about it while it was sitting on the table.”

“Then it would remain hefker and available to whoever takes it now,” replied Rabbi Dayan. “It would then belong to Zvi, who has it now.”

“What about a slightly different case,” said Moshe. “Let’s say the box was not left out as hefker, but someone had given me the chocolate bar for David and he didn’t want it. Could I then keep it for myself?”

“In that case, where you accepted a gift from someone on behalf of David and he didn’t want it,” replied Rabbi Dayan, “you should return it to the giver. He did not make it available to everyone, only to the intended recipient. If he doesn’t want it, it remains property of the giver.” (C.M. 245:10; Pischei Choshen, Kinyanim 15:27)

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 “Oh, Nuts!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The Harvard seal, "veritas," on the side of a Harvard building.
Harvard Boycotts SodaStream (Despite Company’s Surrender)
Latest Judaism Stories
Rabbi Yosef Mendelevich

“Can you hear what the dead are whispering? Leave Galut, escape to Eretz Israel-Lech lecha!”

Ancient stone with "House of David" inscription.

The ‘homely’ ancient rock, discovered in 1993, adds evidence of King David’s existence.

Chanukah is the holiday of liberty, combining The Book (faith and dedication to God) and the sword

Yehuda knew if the moment isn’t right or men are unwilling to listen a skilled leader bides his time

This is a recurring theme in this week’s parsha, in which there are many mistakes made based on perception.

“A person should sell even the beams of his own house in order to buy shoes.”

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

If Hashem is watching tzaddikim, why couldn’t He just save Yosef from all the suffering he was about to endure?

Jacob was well aware that the brothers hated Joseph, yet he sent him to them anyway.

No Fault Lines
‘…His Father And Mother Were In Prison…’
(Yevamos 71b)

The child of a Jewish mother from a union with a non-Jewish father is not a mamzer.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.
M. Goldman
(Via E-mail)

And so it was that both those women whose lives had been saved in Yerushalayim only about a month earlier, were now in a Manhattan hospital with the woman who inadvertently had helped save their lives.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

Business-Halacha-logo

Mr. Weiss refused to listen and sued Mr. Cohen in civil court.

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

“That’s what I thought, so I returned the money to Aharon,” said Reuven. “But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don’t know whether the $70 was connected to the note, and was Aharon’s for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note.”

On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/oh-nuts/2014/06/12/

Scan this QR code to visit this page online: