| Rabbi Daniel Travis is Rosh Kollel of Kollel Toras Chaim in Yerushalayim and the author of a number of seforim, including Shailos Uteshuvos Toras Chaim and Praying With Joy 1-5, practical daily guides to improving one's prayers, available from Feldheim Publishers. | | | For more information about his work or to set up a shiur during one of his visits, email dytravis613@gmail.com
| | | Based on divrei halachah heard from Rav Azriel Auerbach and Rav Shlomo Zafrani. The answers given here are the general rule, but each case is unique and must be referred to a posek. | |  | | Rav Azriel Auerbach |  | | Rav Shlomo Zafrani | | For a private appointment with the rabbonim in Eretz Yisroel, or to send questions, email Rabbi Travis at dytravis613@gmail.com.
Selected shailos will be printed in this column. | | | | | | | The author expresses his gratitude to
R' Naftali and Rivki Leshkowitz
who sponsor the shaylos and teshuvos program of Kollel Toras Chaim
and the weekly questions. For more information about Rabbi Travis's work
or to set up a shiur during one of his visits, email dytravis613@gmail.com.
The author thanks his talmidim, Rabbi Yehuda Korolnik and Rabbi Yaakov March for their assistance in preparing this column. | | | | Question:
Not long ago, I placed an order with a Jewish-owned print shop for 500 cards that had Mizmor Lesodah (Tehillim 100) printed on one side and a picture of the globe (a hint to hariu laHashem kol ha'aretz) on the other side. I paid for the order in full, approximately $2,000, and was told that the cards would be ready within a week.
A day after I placed and paid for the order, my wife and I decided that we no longer needed 500 cards and that 150 cards were sufficient. I called up the print shop, which had subsequently outsourced the order to an Arab printer. When the Jewish owner called up the Arab printer to ask him if it was possible to change the order, they informed him that after 150 cards had been printed, the machine broke and the other cards had not been printed.
The Jewish owner called me up and said that since exactly 150 cards had been printed, he would be able to comply with my cancelation and refund me the money for the other 350 cards. At first glance, this appeared to be miraculous Divine intervention that exactly 150 cards - not more and not less - had been completed before the machine broke. This was definitely a reason to sing Mizmor Lesodah!
However, the apparent miracle was shortlived. The next day, the head of the Jewish-owned print shop called me back to report that there had been a misunderstanding. He reported that the information that the Arab worker had told him - that only 150 cards had been printed - was an error. What really happened was that all 500 cards had been printed, but only 150 had been printed on both sides. The remaining 350 cards were placed in piles with the blank side up, and it appeared to the Arab worker that nothing had been printed on them.
The Jewish printer told me that at this point in time, he called the Arab printer to ask him to cancel the 350 cards. Another Arab worker who saw the pile of 350 seemingly blank cards erroneously informed the Jewish printer that only 150 cards had been printed. Since this was a mistake, and the remaining 350 cards had been printed on one side, they were not willing to cancel the order. The Arab printer completed the job, and therefore I needed to pay for the cards in full.
This news obviously came to me as quite a shock, as the day before, he told me that a miracle had taken place and that I was exempt from paying for the additional cards. Now I needed to pay for the other 350 cards. The total difference amounted to around $1,350.
May I follow the first version of this story, which says that I do not have to pay for the additional cards, or do I need to follow the second version of this story, which says that I need to pay for all 500 cards in full?
Thank you.
Z. D. | | | Rav Zafrani:
Obviously, if you want a p'sak bais din, both sides need to come before three dayanim and they have to hear both sides of the story. However, I understand that both sides are willing to accept my ruling, so in order to clarify the other side of your question, I sent Rabbi Travis to the Jewish print store to speak to the owner a number of times, and he confirmed that this is the Jewish printer's claim.
The first point we must clarify is that you did not hire the print shop to do the work for you. Rather, you agreed to buy cards from him once they had been printed. Since the workers had not been hired, but rather you agreed to purchase 500 cards, had no work been done on the 350 cards, you would have had every right to back out of the job as long as the cards had not been printed (see Teshuvos HaRosh 102:6, as cited in Shulchan Aruch, Choshen Mishpot 333:8).
However, once the cards had been printed, even on one side, if you would not purchase these cards, you would be causing the owner a financial loss. This act is considered to be a garmi, a direct cause, and therefore you would be obligated to pay the full amount.
Therefore, the ruling in your case really depends on whether the story was like the first version or the second version. If the story is like the first version, and the work was not done, then you did not cause the Jewish printer a loss and he has to pay you back in full for the remaining cards. Even if the Arab print shop subsequently printed the remaining 350 cards on both sides, the Jewish print shop owner would have to sustain the loss.
If, however, the story is like the second version, that one side had already been printed before you stopped the order, then by backing out, you are causing him a financial loss and you are obligated to pay in full.
Rabbi Travis tried to get the contact information of the Arab printer, but it seemed that all the workers there were Arabs, and it could not be verified exactly what happened. Under such circumstances, bais din would normally call for a pesharah. Since you already paid him in full, we apply the rule of hamotzi meichaveiro alav haraya, i.e., the burden of proof is on the one who is trying to get his money back.
However, since even the Jewish printer agrees that it is difficult to verify exactly what happened, I understand that he is willing to make a pesharah. Bais Din might tell you to sustain two-thirds of the loss and the Jewish printer one-third of the loss. Rabbi Travis told me that he negotiated with the printer and he agreed to split the loss 50/50 and you can take the remaining cards.
I understand that there are still hurt feelings, because you wound up paying $1,350 more than you felt you had to. In any event, the cards are still around, and if they can be sold at a discount, the money can be used to recoup the loss. Anyone who buys these cards is certainly bringing shalom bein adam lachaveiro, and is also spreading the message of Mizmor Lesodah. (To buy these 350 cards, contact Rabbi Travis at dytravis613@gmail.com.) | | Rabbi Travis gives a daily shiur on
Thanking Hashem
for things that seem bad
See it at: TorahAnytime.com
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is an organization founded by Rav Zalman Nechemia Goldberg z"tl and under the leadership of other authorities in Choshen Mishpat and business law that is run by Rabbi Daniel Travis.
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