Question:

Hi. I ordered an order from my local supermarket. They dropped it off on the top step leading to my house. (I live in a single family house). They say they dropped it off about 9 am. At 915 I checked and it wasn’t there. I believe them that it was dropped off, but I never got it; it was probably stolen before I had a chance to take it in. [I’m pretty certain that’s what happened; it happened to a couple of people in the neighborhood] Do I have to pay for it? They did what they were supposed to, but I never got it. who has to swallow the loss? Kol tuv

Answer:

The standard practice here in Yerusholyim is for the supermarkets to leave goods unattended outside the door (with the agreement of the purchaser), so therefore they cannot be held responsible. Perhaps never the less you can come to some compromise with the supermarket.

Sources:

Pischey Choshen Chap 1 Foot note 28.

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2 Responses to “Delivered order that was stolen”

  1. Rav Wiener: Thank you for your quick response. Unfortunately though, I’m not sure I understand the psak. I understand that the store doesn’t assume responsibility but neither did I. Since I didn’t accept responsibility, and I didn’t pay yet (so it’s not “hanichem v’hipater”), it’s at worst a case of “zrok maneh l’yam” which is a machlokes, and I’ll say “kim li”. Really, it’s a simple hanichem al gabey selah, which if it’s not my chatzer, I’m not chayav, even if the store understood that I was accepting responsibility as the gemara in kiddushin daf 8, and every zrok maneh l’yam. I’m also not a mazik – it’s at worst grama b’shogeg / oneis. I wasn’t koneh as the chatzer is not m’shtamer; true, it’s daas acheres makneh and the Ketzos says that makes its mishtamer acc. to some Rishonim, but I’m still muchzak over here. There’s no way to say there’s a situmta by making a phone order; I wasn’t koneh anything in particular – if it got destroyed before it got to me, no one would consider that I have to pay for it. Besides calling on the phone is not “derech hasochrim” to consumate a kinyan – it’s just a way of ordering. The only thing I think I may have to pay is something for the schar peula of the delivery, as that much they did for me, but to pay for the merchandise, im kol hakavod, I don’t see how you could possibly be mechayev, just bec. the store doesn’t want to assume responsibility. Please let me know if the psak took all this into consideration. Thank you and Kol tuv

    • See Pischey Choshen (Rav Y. Bloy) Chap 1 Foot note 28.

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