web analytics
December 28, 2014 / 6 Tevet, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



Postdated

Business-Halacha-logo

“I saw an advertisement for group swimming lessons during the summer,” Mr. Leiner said to his wife. “I think it would be good for our Pinchas.”

“We already paid for membership at the local pool,” said Mrs. Leiner. “Aren’t you teaching him?”

“I am, but it’s going very slowly,” replied Mr. Leiner. “I think a group environment would help.”

Mrs. Leiner called the swim instructor, Boruch, and asked how much the lessons were. “It’s $600 for a series of 12 lessons,” he said.

“Can I break it into two payments?” asked Mrs. Leiner.

“You can break it into two checks,” replied Boruch, “one for this month and one for next.”

Pinchas returned from the first two lessons in good spirits. On the day of the third lesson, Pinchas lay on the couch reading a book.

“Pinchas, it’s time to get ready for the swimming lesson,” said his mother.

“My leg hurts me badly,” said Pinchas.

“What happened?” asked his mother.

“I fell off my bicycle today and twisted by ankle,” replied Pinchas.

“I see it’s swollen!” his mother exclaimed, giving him an ice pack. “If it continues to hurt we’ll take it for an X-ray.”

Three days later, Pinchas’s foot still hurt. An X-ray confirmed that the leg was fractured; the doctor put a cast on the leg.

Later that day, Mr. Leiner called Boruch and notified him that Pinchas would not attend the lessons anymore.

“What’s the matter?” asked Boruch. “Is he dissatisfied with the teaching?”

“No, he had a bicycle accident and broke his leg,” said Mr. Leiner. “He’ll be wearing a cast for the remainder of the lessons.”

“Obviously if he has a cast he can’t come,” said Boruch.

“What about the payment?” asked Mr. Leiner. “We paid for the whole series, but he participated in only three lessons.”

“I don’t charge by the lesson,” said the instructor. “Payment is for the entire series, and I’m continuing to teach.”

“But if Pinchas is not attending, I shouldn’t have to pay,” said Mr. Leiner. “If I have to, I’ll stop the second check.”

“I don’t think that’s right of you,” said Boruch.

“I don’t think it’s right of you not to refund payment for all the remaining lessons!” retorted Mr. Leiner.

“I suggest we pose the issue to Rabbi Dayan,” the swim instructor said. “Whatever he says – I’ll do.”

Mr. Leiner arranged to meet with Rabbi Dayan and asked: “Does Boruch have to refund the money for the remaining lessons? What about the second check?”

“If an employer is forced to retract for a medical reason, he has to pay only for the work done,” explained Rabbi Dayan. “Thus, Mr. Leiner does not have to pay for the remaining lessons, unless stipulated otherwise or there is a common practice in this regard.” (C.M. 334:4)

“So Boruch has to refund the money for all the remaining lessons?” asked Mr. Leiner.

“No, because the rule is different where the money was prepaid,” continued Rabbi Dayan. “In this case, so long as the worker is able to continue providing the service, he does not have to refund the money, even if the employer was forced to cancel the service for medical reasons or the like. Tosefos [B.M. 79b s.v. e asi] explains that by paying up front, the employer undertook the risk that something might happen and gave the worker the money even if he would have to cancel his service. Thus, Boruch does not have to refund the money from the first check. [See Pischei Teshuvah 334:2] It would be meritorious lifnim mishuras hadin, though, if there wasn’t limited space and he didn’t have to turn away others.”

“What about the second check?” asked Mr. Leiner.

“Technically, a check is not payment but instructions to the bank to pay to the bearer,” replied Rabbi Dayan. “Even if we consider a check to be like payment, since this is the common form of payment nowadays, Tosefos’s logic does not apply to a postdated check. The fact that it was postdated indicates the employer is not willing to risk giving all the money up front. Thus Mr. Leiner can stop the postdated check or demand it back for the unused lessons.” (Rabbi Zvi Spitz, Minchas Zvi, vol. II, p. 61-62,76)

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 “Postdated”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
A message from an ambassador of the Palestinian Authority, Israel's "peace partner."
Palestinian Authority Envoy to Tehran Says Israel will be Destroyed
Latest Judaism Stories
Torah-Hakehillah-121914

Why is the tzitzis reminder on our clothing? How does it remind us that there are 613 mitzvos?

Grunfeld-Raphael-logo

The court cannot solely rely on death certificates issued by non-Jewish institutions without conducting its own investigation into the facts of the case.

Business-Halacha-logo

“I’m still not sure we have a right to damage his property,” said Mrs. Schloss. “Can you ask someone?”

Rabbi Sacks

Jacob’s blessing of Ephraim over Manasseh had nothing to do with age and everything to do with names

Slavery was universal; So, why was Egypt targeted in this object lesson?

Rav Akiva Eiger is assuming that the logic of the halacha that both the son and his mother are obligated to honor his father and therefore he must honor his fathers wishes first, is a mathematical equation.

The first requirement is a king must admit when he is wrong.

Reward And Punishment
‘Masser Rishon For The levi’im’
(Yevamos 86a)

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)

Reb Shlomo Zalman could not endure honorifics applied to him because of his enormous humility

Because we see these events as world changing, as moments in history, they become part of us forever.

They stammer “I’m not Orthodox,” as if that absolves them from the responsibility of calling to G-d

It’s fascinating how sources attain the status “traditional,” or its equivalent level of kashrus.

She was determined that the Law class was Dina’s best chance of finding a husband, and that was the real reason she wanted her to go to college.

But who would have ever guessed that Hashem would unlock the key to the birth on same day as the English anniversary of our wedding.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I’m still not sure we have a right to damage his property,” said Mrs. Schloss. “Can you ask someone?”

Business-Halacha-logo

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

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

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.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/postdated/2013/06/13/

Scan this QR code to visit this page online: