I had a sheila that I thought you would be interested in.
I sent two authorizations to my bank to initiate two wires each for $100 (dollar amount not important), each going to separate destination companies as loans. (basically I intended to loan $100 to company A and $100 to company B).
My bank, a publicly traded company, sent $100 to both companies per my instructions, but only took $100 out of my account.
Assuming one is willing to be meikel by ta’us akum, who should benefit the extra $100? I intended to lend $200 but only came out of pocket with $100 but each company received $100 loans, so should they each repay to me the $100?
Answer:
It is an interesting question.
The bank gave each of the companies $100 in your name. Because the bank did this on your behalf, it appears that each of the companies owes you $100. Although bank gave them the money, and not you, it was done at your request, and based on the Vilna Gaon (Yoreh De’ah 160) it is clear that the principle of eved kena’ani (whereby one person can pay for something and effect a purchase for somebody else) applies even to loans, so that the transfer of money effects a debt from the companies to you.
Therefore, you can collect the debt from each of the companies, since both are considered to owe you the money.
The question of informing the bank of their apparent oversight relates to the issue of ta’us akum, as you mention.
