web analytics
February 27, 2015 / 8 Adar , 5775
At a Glance
Judaism
Sponsored Post


Timely Delivery

Business-Halacha-logo

The colorful advertisement on the shul bulletin board attracted Mr. Freilich’s attention. “Mishloach Manos Express!” the sign proclaimed. “This Purim is on Sunday; most services will not deliver. We will prepare and deliver your mishloach manos nationwide, on Purim!”

Mr. Freilich’s son, Mordechai, had moved halfway across the country to Chicago five years ago. Each year, Mr. Freilich had sent mishloach manos through a 24-hour delivery service to ensure it would arrive on Purim day. He was worried what he would do this year.

“Oh, great!” exclaimed Mr. Ploni. “I’ve been wondering how to send to mishloach manos to Mordechai this year. Here’s the answer!”

He contacted the number listed in the ad, and ordered mishloach manos for Mordechai.

Early Thursday morning, though, a tremendous snow storm began. The entire city was covered with three feet of snow. The airport was closed for the entire days and thousands of flights were cancelled. Highways were blocked for hours until the plows were able to clear them. A parallel storm hit Chicago on Shabbos, bringing the city almost to a standstill.

Needless to say, the mishloach manos could not be delivered on Purim.

The day after Purim, Mordechai Freilich received the mishloach manos package with a note: “This mishloach manos was meant to be delivered on Purim, but delayed due to the storm. Please accept our apologies.”

When Mr. Freilich heard the mishloach manos were delivered a day late, he was disappointed. He called Mishloach Manos Express to complain about the delayed delivery. “You promised delivery on Purim,” Mr. Feilich said. “That was the whole point. I’d like my money refunded.”

“We understand your disappointment about the delay,” MME replied. “However, you clearly understand the delay was due to circumstances beyond our control. We did our best, and prepared the packages for delivery, but weather conditions simply did not allow it.”

“I understand the problem and I’m not blaming you,” said Mr. Freilich. “However, from my end, you didn’t fulfill the terms of the agreement. You promised delivery on Purim and it didn’t happen. I didn’t pay for this!”

“We also did not expect this,” said MME. “We cannot take responsibility for acts of God.”

“I would like to ask Rabbi Dayan about this,” said Mr. Freilich. “Is that acceptable?”

“We’re willing to accept Rabbi Dayan as mediator,” said MME. “You can ask him and we will abide by his ruling.”

Mr. Freilich contacted Rabbi Dayan. “I arranged for mishloach manos to be delivered on Purim through Mishloach Manos Express,” he said. “Due to the storm, they were not able to deliver the mishloach manos on Purim. Must they refund the money?”

“The Taz [Y.D. 236:13] writes that if someone ordered timely merchandise, with an agreement that delivery must be by a certain time, and the delivery was delayed – even on account of uncontrollable circumstances – the customer can refuse the order and cancel the agreement,” replied Rabbi Dayan.

“However, if the time element was not an essential aspect of the order, the customer cannot revoke the sale when the delivery was delayed because of uncontrollable circumstances.”

“Why does the uncontrollable circumstance not exempt the seller from his obligation when the issue is time bound?” asked Mr. Freilich.

Oness, uncontrollable circumstances, exempt a person from punishment or fines, or from an obligation that affects only himself,” explained Rabbi Dayan. “However, when there is a mutual agreement that affects two parties, the second party can claim he also committed only on the basis of the agreed terms. He should not lose if the terms were not upheld – for any reason. Uncontrollable circumstances can exempt the first person, but cannot obligate the second party. Thus, MME must refund the money.” (Mishpat Shalom C.M. 200:7)

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 “Timely Delivery”

Comments are closed.

Current Top Story
18,000 Iranian Centrifuges
Reducing Iran’s Number of Centrifuges Makes a Bomb More Likely
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In other words, the Torah is an expression of the Way that we must follow in order to live a divine-like life and to bond in the highest way possible with God or Being Itself.

Taste-of-Lomdus-logo

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

The-Shmuz

The avodah (service) of the kohen gadol is vital and highly sensitive; the world’s very existence depends on it.

Grunfeld-Raphael-logo

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

Forever After?
‘Obligated for Challahh and Not Terumah’
(Kesubos 25a)

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)

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

This was a spontaneous act of rest after the miracle of vanquishing their respective foes. The following year they celebrated on the same days as a minhag.

The way we must to relate to our young adult children is to communicate with genuine loving-kindness

Jewish prayer is a convergence of 2 modes of biblical spirituality, exemplified by Moses and Aaron

In holy places it’s important to maintain a level of silence permitting people to dialogue with God

Eventually, after some trial and error, including an experience with a prima donna and one with a thief, I baruch Hashem ultimately found a fine, honest and reliable household helper.

What fish-like characteristics does this month have that it should be exemplified in such a way?

How the 3 partitions of the mishkan each relate to a layer of creation, aiding our connection to God

Havdalah.com will be streaming an inspiring/live/MUSICAL/global Havdalah(NOT to fulfill obligation)

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

Business-Halacha-logo

“Halacha differentiates between giving a gift, forgoing a debt [mechila], and granting permission to take something,” answered Rabbi Dayan.

“I don’t accept this,” said Mr. Zummer. “I want you to finish! You’re not allowed to just stop in the middle!”

“That’s what you’re wondering?” laughed Mr. Rubin. “That ring is not mine at all. A relative gave me money to buy it for him.”

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

“The issue is not just logistical,” replied Mr. Kahn. “I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime.” (C.M. 5:2; 28:24)

A few days, Mrs. Feldman called back. “I would prefer a nice cake rather than the chocolate.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/timely-delivery/2014/03/06/

Scan this QR code to visit this page online: