Question:
Shalom!
“A” asked “B” to buy him a certain item online. B shopped around online until he found the cheapest price. “B” paid for it with his own credit card and had it shipped to himself. B had the option of returning it.
When “B” received it he gave it to “A”. “B” told “A “ You don’t have to pay me until you decide to keep it. A tried it out for a week and did not like it. He gave it back to A and told him to do whatever he wants to with it. A said: If B wants to keep it, he can or do whatever he wants with it since B paid for it.
B called the company and said he would like to return the item. The item was very heavy, therefore, it didn’t pay for the company to pay for the shipping. The company said he does not have to return it. He can keep the item and the company will refund the purchase (which was about $850).
The question is: “Who gets the ITEM? Is it similar or stronger than the case in Choshen Mishpat 183:6 because B used his own money to pay for the item. Or it may be similar to the case in Choshen Mishpat in 166:1 where C tells D he can keep the stones. Even though C later tells D he wants the stones, before D made a Kinyan, he could change his mind because we say it was just meant to push him off however, in our case, A really meant that B could keep it. He was not really pushing him off. B now wants the item. A now says he wants it. Who gets it??
Could we say that when A told B he does not want it, some say he is not an owner anymore but a Shomer and since B is now a Muchzak , he should be able to keep it.
Can he keep it or does he have to give it to A?
Answer:
B
He paid for it and ordered etc., therefore it became his . He then gave it to A to check out like end of siman 200. There it says that if the customer returns it to the seller it is the seller”s
Therefore he can keep it
