Shalom Chashuva Rabbonim and Dayonim.
First off – poschim bichvod achsanya.
Thank you very much for whomever is hosting this service.
My question is related to two maasim which happened to me this past year.
A mechaber of a pairush on mishneh sells his mishnayis on the basis of a phone call with the bill enclosed.
I send him his check and wait for it to be cashed.
I get a phone call from a person in a store saying he found my check made out to the mechaber and does not know who this person is.
I tell him I will call them and tell them you have their check.
I do so and again wait to see when the check will be cashed
The check is not cashed after 3 weeks and I call the mechaber back. He tells me he gave it to the store owner and this was used as a third party check and the store owner gave him credit for the 120 dollars that was on the check.
I say if so then the seller got my money for his goods and I am done with my chiyuvim.
if the store owner does not cash the check, ihu d’afsid anafshey.
I don’t even know who the guy is to begin with.
So whats the din – do I have to chase this?
I buy a disk of 12,000 torah volumes for a computer.
It’s quite expensive:
But they are willing to charge 50 dollars a month for 18 months or so until the balance is paid off.
So I agree and I give them my credit card to charge me the monthly amount.
Three months go by and still no charges.
I send an email to them telling them – what’s going on – nothing is being charged.
They say oh we must have messed up – is it okay to charge you the last three months all at once.
I say, sure – go right ahead.
Again, I wait and nothing.
So I say to myself – again this is happening to me.
People are not charging me for goods and services they provided to me.
Is this my lucky day or what.
This is a sach gelt now so I am feeling pretty guilty about using this disk.
Okay, so I wait and a year goes by and I tell the story to a friend of mine.
He goes ahead and calls the chevra at the computer disk place about me without my consent and tells them they should charge me now so I won’t be ovair on genaiva.
Such a tzadik! May we all be zocheh to have such friends.
Now I have no problem paying for something in my possession. This is already paid out.
Question 1: Was I mechuyav to pursue this beyond my reminder to them that they had not charged me yet.
Question 2: Was my friend allowed to do what he did?
Question 3: Can I have Tarumos on him?
Not that I will do anything – this is really only l’hagdil torah ul’haadeerah.
Sorry to be maarich but as a dayan you need to see the full picture. Correct?
Since the person you paid with check passed it on to a third party, you have no obligation to search for him in order to find out why he didn’t cash the check [see שו”ע סימן ע”ג), especially since he has a Shtar Chov. If he does not want to deposit it – it is not your problem. (Perhaps the person who gave him the check does have a Chiyuv).
1. The Achronim disagree if the Lender does not demand the repayment of a loan is there an obligation to repay it.
2. Since the debt still exists, your friend had the right to remind them.
3. You do probably have a zechus Taromes. [see פתחי חושן הלכות הלואה פ”ב סעיף ד ובהערות שם]