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.



Vending Change

Business-Halacha-logo

Yosef, Gad and Benjy headed down to the dining hall in their high school. As they walked along the corridor they noticed a new vending machine had been installed. The three admired the machine, and eyed its beckoning display of treats.

“I wonder whom the machine belongs to?” asked Yosef. “Do you think it belongs to the school?”

“I doubt it,” said Gad. “Look, the name of the company that owns the machine is on a label. Let’s return after lunch and get a snack for desert.”

After they finished eating, the three boys returned to the vending machine. They browsed the selections: candies, chocolates, cookies, gum, potato chips, and other nosh.

“I’m going to get a large chocolate bar,” declared Yosef. “We can all share it.”

Yosef inserted two dollar-coins in the machine and made his selection. The chocolate bar fell to the bottom, and he heard two quarters drop into the change compartment, “Clink, clink.” He reached in to take out his two quarters and was surprised to find two additional quarters there.

“Wow! There’s extra change,” he exclaimed. “That saved me fifty cents!”

“Who says you can keep it?” asked Gad. “You need to place a sign for hashavas aveidah.”

“What’s the point of hashavas aveidah?” asked Benjy. “There’s no identification on the money, anyway.”

Other students joined in the discussion, debating whether Yosef could keep the money.

“Maybe you should give the money back to the vending operator,” added Benjy. “Someone said he comes on Tuesday mornings to restock the machine.”

A bit of a commotion began.

While they were arguing, Rabbi Dayan walked by. “What’s going on?” he asked. “Sounds like an earnest debate!”

“I found extra change in the vending machine,” said Yosef. “We were arguing what to do with the money?”

“It is usually permissible to take the change for yourself,” replied Rabbi Dayan, “but in some limited cases, it is proper to contact the vending operator.”

“Why can I keep it?” asked Yosef.

“At first glance, this seems to be a case of hashavas aveidah (returning lost property) to the previous customer, who lost his change,” explained Rabbi Dayan. “Since we presume the customer already became aware that he left his money, and likely does not know the exact permutation of the change or abandoned hope of retrieving it (yei’ush) – the finder is permitted to keep it.” (See Hashavas Aveidah K’halacha 12:8)

“Wouldn’t the vending operator automatically acquire the lost money that sits in his machine?” asked Benjy.

“A person’s property can acquire a lost item on his behalf, even without his knowledge,” said Rabbi Dayan. “However, this is only if the property is secure and the owner is likely to find the item left in his property. [C.M. 268:3] Here, the change compartment is not secure, nor is the operator likely to find the money, since it will probably be taken by someone else first.”

“Why did you say, ‘At first glance?…’ asked Gad. “Is this not a typical case of lost money?”

“Actually, though the change was dispensed for the previous customer, he never acquired it, since he did not take possession of it,” explained Rabbi Dayan. (C.M. 203:7) “Therefore, upon further reflection, this case is similar to a borrower who placed the money he is returning before the lender, with his permission, but the lender did not take the money. While the lender has no further claim on the borrower, what is the status of the money? R. Akiva Eiger [C.M. 120:1] writes that the money becomes hefker, since the borrower relinquished his claim to the money and the lender did not take it. Here, too, the untaken change becomes hefker.”

“In truth, the Nesivos [123:1] disagrees with R. Akiva Eiger and maintains that the money does not become hefker, but remains owned by the borrower,” continued Rabbi Dayan, “but even he would likely agree here. Since the vending operator expects the machine to dispense the change to an unsecure place, where it can be taken by anybody, he effectively renders it hefker or expresses yei’ush [C.M. 260:6, 261:4; Shach 261:3]. Thus, it is permissible to take the extra change.”

“Either way, I can take the money,” said Yosef. “What’s the difference whether it’s lost by the customer or became hefker from the vendor?”

“In most cases there isn’t much difference,” replied Rabbi Dayan. “However, in a small, observant office, shul or yeshiva, the vending operator does not necessarily consider the untaken change as ‘gone,’ so it’s proper to contact him. Even there, if you already took the money with intention to claim it, you may keep it.”

(For a more detailed treatment of this topic, see article by Rabbi Tzvi Price, “What to do when you Find Money in a Vending Machine,” at the BHI website, www.businesshalacha.com.)

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 “Vending Change”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
A clip from"How to Stab a Jew," the latest hit on Arab social media.
‘How to Stab a Jew’ Going Viral on Palestinian Authority Social Media [video]
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/vending-change/2012/12/05/

Scan this QR code to visit this page online: