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payment which was put in someone’s house

Question:

בס”ד

Hello.

Jacob & his siblings made Sheva Brochos & the caterer said he will pick up the money at the Sheva Brochos. He didn’t come. After a few weeks Jacob saw he doesn’t come, so he called him & asked him to pick up the money. The caterer didn’t know what he was talking about, but he said he will try to check it.

Weeks passed, but no reply. Jacob called again & the caterer answered again that he will check it. Months passed, but nothing moved. Again Jacob called, but nothing. It went like this for 7 months.

Jacob saw it’s no tachlis, & he didn’t want to keep money which is not his, so he put the money into a envelope, wrote on it that it is the payment for that Sheva Brochos, and put it in to the caterers postbox. The postbox is not a box outside, it is a slot in the house door & the post falls straight into the house. Jacob did not notify him that he put it in his postbox.

A few months later the caterer called to claim his money, and the reason he didn’t claim it till now because he thought that it was paid at the beginning. Jacob told him that he spoke to him a few times telling him that he wants to pay, & since he got no answer, he put it into his postbox, but the caterer told him that he never got such a envelope, and non jewish cleaning maids are around in the house. Jacob answered, just like you are a confused & unsettled person, you didn’t know altogether about the Sheva Brochos, for months you didn’t answer, maybe you did get the envelope with the money & didn’t write it down. I put it into your private house.

Does Jacob has to pay again or not?

Thank you very much

Moishe Pariser

Answer:

From what you are saying, it sounds like the caterer said differant things at differant times, nevertheless such an issue has to go to a Bais Din or a Rov to hear both sides.

IF both of you would like you can do it with our Bais Din through skype. You can contact the Bais Din at (international access 972-2-502-3637.

Best wishes

 

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