web analytics
December 22, 2014 / 30 Kislev, 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.



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.

SocialTwist Tell-a-Friend

Current Top Story
Haredi men cast their votes for the 19th Knesset in Bnei Brak, January 22 2013.
New Poll: Shows Netanyahu Will Lead Next Gov’t with Haredim
Latest Judaism Stories

What does the way we count the days of Chanukah come to teach us about living in the present?

Knesset and Menorah

Israel projects global material illumination not always the light of “morality” meant by the Navi

Parsha-Perspective-Logo-NEW

To many of our brethren Chanukah has lost its meaning.

Parsha-Perspective-Logo-NEW

This ability to remain calm under pressure and continue to see the situation clearly is a hallmark of Yehuda’s leadership.

It would have been understandable for these great warriors to become dispirited.

The travail of Yosef was undoubtedly the greatest trauma of Yaakov’s life, which certainly knew its share of hardships.

Yosef, in interpreting the first set of dreams, performed in a manner that was clearly miraculous to all.

Chazal teach us that we need to be “sur may’rah v’asei tov,”avoid bad and do good.

When we celebrate the completion of learning a section of Torah, we recite the Hadran.

Fetal Immersion?
‘The Fetus Is A Limb Of Its Mother’
(Yevamos 78a)

Yosef proves he is a true leader; He is continually and fully engaged in the task of running Egypt

When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.

Those who reject our beliefs know in their souls Jewish power stems from our faith and our prayers.

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

Though we Jews have deep obligations to all people our obligation to our fellow Jew is unique.

In a way that decision was the first in a series of miracles with which Hashem blessed us.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

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

Business-Halacha-logo

“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.

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

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

Scan this QR code to visit this page online: