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It was Purim day, about noon. The Cohen house was hustling and bustling, what with finishing mishloach manos and preparing the seudah. Mrs. Cohen looked at the mishloach manos list she had prepared.

“Who’s left?” she asked aloud.

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“Ah, we still have to give to the Halperins,” she answered to herself.

“Aharon,” she called to her son. “Please bring this over to the Halperins.”

Aharon, dressed in his kohen gadol garb, came into the kitchen. “Sure,” he said.

Aharon went to the Halperins and rang the doorbell, but there was no response. A neighbor walked by. “The Halperins left half an hour ago,” he said. “They won’t be back until after Purim.”

“Thanks for telling me,” Aharon said. He put the mishloach manos down outside their door.

When Aharon returned home, his mother asked him: “Did the Halperins say anything?”

“They weren’t home,” replied Aharon. “A neighbor said they had already left and wouldn’t be back until after Purim.”

“So where is the mishloach manos?” asked his mother.

“I left it outside their door,” replied Aharon.

“Oh, I didn’t realize the Halperins had already gone,” said his mother. “There’s no point in leaving it there if they won’t be back until after Purim.”

“What should I do?” asked Aharon.

“I remembered that we decided to give to the Spiegels,” said Mrs. Cohen. “Take the mishloach manos you left at the Halperins and bring it over to the Spiegels instead.”

Just then Aharon’s father walked in. “Are there any more mishloach manos to bring?” he asked his wife.

“Aharon just went over to the Halperins and left it outside their door,” replied Mrs. Cohen. “A neighbor said that they already left for the day, so I told Aharon to take it to the Spiegels.”

“Once Aharon left the mishloach manos for the Halperins, I’m not sure we can take it back,” replied Mr. Cohen. “It might be theirs already.”

“Do you really think so?!” Mrs. Cohen asked her husband. “I assumed that until they receive the mishloach manos, it’s not theirs.”

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

“My son brought mishloach manos to a neighbor, who wasn’t home, and left it outside their door,” Mr. Cohen said. “Are we allowed to take it back and give it to someone else?”

“The answer varies, and depends on two primary factors,” answered Rabbi Dayan. “One, where the mishloach manos was left. Two, what the intention of the sender was.”

“What difference does it make where it was left?” asked Mr. Cohen.

“A secure, private property acquires for a person even without his awareness,” explained Rabbi Dayan. “Thus, if the mishloach manos was left on an enclosed porch or in an enclosed yard, it could already belong to the recipient and you might not be able to give it to someone else. However, if the mishloach manos was left in an apartment building hallway or on a doorstep open to the public domain, the recipient would not yet have acquired it.” (C.M. 200:1; 268:3)

“What role does the sender’s intention play?” asked Mr. Cohen.

“Since your son brought the mishloach manos at you wife’s instruction, her intention when sending it is significant,” replied Rabbi Dayan. “If she would not have wanted him to leave the mishloach manos when the family was not home, the gift would not be valid, even if left in a secure place, and you could take it back. Both factors are needed for the family to acquire the mishloach manos: a secure area and intention to leave it for them.” (C.M. 182:1-2)

“Does it make a difference whether my son was bar mitzvah?” asked Mr. Cohen.

“No,” replied Rabbi Dayan. “Either way, the sender’s intention counts.”

“Are there other considerations?” asked Mr. Cohen.

“Regarding the sender’s intention, there can be a difference whether the family was out for a short time, the remainder of Purim, or longer,” concluded Rabbi Dayan. “It’s possible that if they were not home at the moment, but would return on Purim, your wife would want your son to leave the mishloach manos for them, whereas if they would not return home until after Purim – no. Others may intend to leave it for the family when they return home, even at night. In this case, they would already have acquired it, provided that the area was secure.”

“One thing is clear, though,” concluded Rabbi Dayan. “If the mishloach manos was left in a secure area with intention for when they would return home, and only later was there a change of heart, you would not be allowed to take the mishloach manos back; their property already acquired it for them.”

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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 [email protected]. 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 [email protected].