web analytics
May 24, 2015 / 6 Sivan, 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
Tzipi Hotovely, new Deputy Foreign Minister.
Foreign Minister Hotovely: Tell the World ‘God Gave Israel to the Jews’
Latest Judaism Stories
Leff-052215

There is a great debate as to whether this story actually took place or is simply a metaphor, a prophetic vision shown to Hoshea by Hashem.

Staum-052215

Every person is presented with moments when he/she must make difficult decisions about how to proceed.

Torat-Hakehillah-logo-NEW

One does not necessarily share the opinions of one’s brother. One may disapprove of his actions, values, and/or beliefs. However, with brothers there is a bond of love and caring that transcends all differences.

Torah

This Shavuot let’s give G-d a gift too: Let’s make this year different by doing just 1 more mitzvah

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if […]

God and the divine origin of His Torah are facts even though we do not fully comprehend them.

So if we basically live the same life, why should he get eternal reward and not me?”

The question is: What about pidyon haben? Can one give the five sela’im required for pidyon haben to a kohen’s daughter?

In Parshas Pinchas the Torah introduces the Mussaf for Shavuos by describing it as Yom HaBikurim when we bring the new offering.

Rachel was thrown by the sight and began to caringly think whom this person might be.

The desert, with its unearthly silence & emptiness, is the condition in which the Word can be heard

The census focused on the individual, proving each is created as irreplaceable, unique images of God

Jewish survival in a dysfunctional world requires women assuming the role Hashem gave them at Sinai

The Honor Of Reading The Kesubah
‘Witnesses Sign Only After Reading…’
(Kesubos 109a)

Why does the Torah use two different words for “to count,” and what does each indicate?

From Bemidbar on and in Nevi’im, the nation is viewed primarily by its component parts, the tribes

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

Business-Halacha-NEW

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“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?”

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

Scan this QR code to visit this page online: