web analytics
May 7, 2015 / 18 Iyar, 5775
At a Glance
Judaism
Sponsored Post


Renew Now!

Business-Halacha-logo

For many years the Schreibers maintained a subscription to Jewish Interest magazine. Recently, they added subscriptions to two other Jewish magazines they found more relevant to them.

A month before their yearly subscription to Jewish Interest expired, the Schreibers received a notice for subscription renewal.

“Our subscription to Jewish Interest is expiring next month,” Mrs. Schreiber said to her husband. “Should we renew?”

“I don’t think we need three magazines,” he said. “I find the other two magazines more interesting, so unless you want to continue, drop it.” Mrs. Schreiber decided not to renew, and threw the notice away.

The final issue came with a large red notice: “This is your final issue! Subscribe now for a 33% discount!” Mrs. Schreiber reconsidered for a moment, but decided not to renew.

The following month, Mrs. Schreiber was surprised to find the new issue of Jewish Interest magazine in their mailbox, despite the fact that their subscription had expired.

“Look what came in the mail,” Mrs. Schreiber said to her husband. ” I thought our subscription expired. What should I do with it?”

“Must have been a mistake,” said Mr. Schreiber. “It’s not ours; we shouldn’t take it. Send it back to them.”

The following month, Mrs. Schreiber was shocked to see Jewish Interest once again in their mailbox. The cover story looked extremely interesting. There was also a pullout section of summer activities for children.

“What should I do now?” asked Mrs. Schreiber. “It’s the second time they’re sending it! The cover article looks interesting and there’s a special section about summer activities for the children. What’s the point of sending the magazine back? There’s nothing for them to do with it.”

“I thought we can’t keep it, but I’m not sure,” said Mr. Schreiber. “I’ll check with Rabbi Dayan.”

Mr. Schreiber called Rabbi Dayan. “Our subscription to Jewish Interest magazine expired, but they continue to send additional issues,” he said. “What should we do with the magazine? If we want to read it, do we have to pay for it?”

“If the subscription terms call for automatic renewal, you are obligated until you cancel in the required manner,” answered Rabbi Dayan. “However, if there is no automatic renewal, you may read the additional issues they send and have no financial liability to them.”

“Why are we allowed to read the magazine without paying for it?” asked Mr. Schreiber. “Shouldn’t there be at least a mitzvah of hashavat aveidah?”

“The magazine was aware that your subscription expired, yet they knowingly sent additional issues,” explained Rabbi Dayan. “The Gemara [B.M. 23b, 25b, 31a] teaches that there is no obligation of hashavas aveidah when someone is reckless with his property (aveidah midaas). We do not have to take responsibility for his property more than he does.”

“Still, does that allow me to take it for myself?!” asked Mr. Schreiber.

“There is a dispute whether someone who is reckless with his property in this manner abandons ownership,” replied Rabbi Dayan. “For example, one who knowingly throws his wallet into the street and leaves it there. The Rambam maintains that though we have no responsibility to return it to the owner, it is not hefker (ownerless) and you may not take the wallet. However, the Tur understands that anyone can take the wallet. Effectively, the owner renounced ownership of the wallet when he threw it in the street and it becomes ownerless.” (C.M. 261:4)

“Our case would seem similar, then?” asked Mr. Schreiber. “According to the Rambam, at least, I wouldn’t be able to keep the magazine for myself!”

“Here, presumably even the Rambam would agree,” said Rabbi Dayan. “The company clearly has no interest in retrieving the magazine that was distributed. This is similar to a farmer who moved his grain and left some stalks behind, where everyone agrees that he forgoes them. He knowingly left the stalks there and he abandons them for takers, since it’s not worth his while to collect them.” (C.M. 260:7; Bach C.M. 273)

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 “Renew Now!”

Comments are closed.

Current Top Story
Naftali Bennett and Prime Minister Netanyahu.
There is a Coalition!
Latest Judaism Stories
Napping Yehuda Barkan and Daniel Dayan from the movie, "Stories of Rebbe Nachman"

Many think they’re serving G-d but they’re really asleep-Rebbe Nachman taught stories to wake people

Social Media pic

With ubiquitous texting, social media, & email, society is mislead to think that words are ephemeral

Safar-050115-Califlower

Cauliflower is one of my favorite ingredients to cook with – it blends so easily into whatever dish I am preparing.

Torat-Hakehillah-logo-NEW

It’s an interesting idea, that love is illustrated by understanding another’s needs.

“Keeping” Shabbos means to guard it and make sure to keep every aspect and detail of it.

Pesach is a time when we can grow in this perspective. But merely spending a week working on something will not leave any lasting impression on us.

“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.”

Morah for a parent is connected to shemiras Shabbos because the Shechina shines on, and through, the Sabbath.

“You shall not hate your brother in your heart; you shall reprove your fellow and do not bear a sin because of him.” – Vayikra 19:17   When the Torah mentions the obligation to rebuke a fellow Jew, it ends with the words “and do not carry a sin because of him.” The Targum translates […]

The Bais Halevi answers that we must properly define what is considered to be “in the middle of a mitzvah.”

They had realized they would be far from civilization and kosher food and had packed plenty of fresh and canned food as well as making sure there was a microwave in their room which they knew how to kasher.

He was deeply saddened by the thought of her going to her final resting place alone and that it appeared as if she knew no one and had no family who cared about her.

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)

The Debt Lives On
‘The Orphans’ Mitzvah To Repay Their Father’s Debts’
(Ketubot 91b)

Rabbi Fohrman asks what’s the connection between animal sacrifices and leaving crops for the poor?

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“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.”

Business-Halacha-logo

“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?”

“Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“This sounds like a question for Rabbi Dayan,” said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/renew-now/2014/05/22/

Scan this QR code to visit this page online: