Q&A: Concern of Theft Following Misrepresentation – Stirrings of Repentance
Concern of Theft Following Misrepresentation – Stirrings of Repentance
Question
Many years ago I bought a toy helicopter. I flew it once, and on the first flights it broke (as I recall, on the very first one). I went to the store and asked to exchange it, claiming that it had apparently arrived broken. By “broke” I mean it was not functioning properly; apparently something in the mechanism. As I recall, the helicopter looked intact, and technically it worked too, but I think what happened was that it simply would not take off again.
They agreed to replace the helicopter for me, apparently because of my claims. I flew the replacement and it broke again. This time I ordered a part that I thought had broken; as I recall I tried to fix it, didn’t succeed, and since then the helicopter has just been sitting on display and I haven’t thought about it. I did not go back to the store regarding the helicopter.
As I recall, the purchase price was probably around 550 shekels.
This was a franchise-based chain, and I think that specific branch is still operating.
Points:
1. It may be that my memory is misleading me, because a lot of time has passed (I think about 10 years, but again, even on that point I’m unsure; it could also be 5).
2. I do not know what their policy was at the time. It could be that they would have replaced it for me anyway, even if I had said that it broke during the initial use.
3. It could be that the helicopter was poor quality to begin with, and that the misrepresentation was actually on their side.
4. It could be that the helicopter really was partially defective.
5. Even if there was misrepresentation, it could be that the damage was minor, maybe just a gear, and the value involved was not especially high.
6. It could be that ownership of the store has changed.
7. It could be that the store did not absorb the loss, but rather returned the product to the manufacturer.
8. Perhaps what I said as a consumer is of no significance; rather, it is the seller’s sole responsibility to check my claims and inspect the helicopter, since the seller could have refused to replace the product and could have required that it be sent for inspection.
On the other hand, it may be that I am rationalizing things and that something really should be done about it.
I should also note that over the years, and in earlier periods as well, I believe I tried to be honest with the people around me and to act fairly, but over the years things have become sharper and clearer to me than before.
I am wondering whether there is any need to do something about this?
Answer
I didn’t understand a thing. What is the question?
Discussion on Answer
I don’t understand what happened there. You bought it and they replaced it because of a defect. After that it broke again and you bought a part, but it still didn’t work. And since then it’s just been lying around אצלך. So what’s the problem? What’s the doubt? What is there to return to the store? What money are we talking about?
I’m concerned that the claim on the basis of which they replaced the product for me was not true. I’m concerned that it may have been incorrect use, maybe I flew it improperly, maybe it fell during use, and that this was damage to the product.
If they agreed and acknowledged responsibility, then they accepted the matter upon themselves. It does not seem to me that there is anything to worry about here.
I’m worried that they agreed on the basis of the fact that I claimed the product had arrived defective, which in hindsight may not have been true, though I am not sure.
Rabbi, I decided to go beyond the letter of the law and purchase store vouchers in that same amount from that same store and not use them.
Do I need to do anything else? Do I need to get into calculations such as whether the store actually got reimbursed for the helicopter by the importer?
And more generally, Rabbi, how much effort does a person need to make to clear himself of a concern about theft?
One should do what one can to return stolen property, but here in my opinion there is no theft. You seem to me overly hysterical.
The question is: what needs to be done from a halakhic standpoint?
A. Return money to the store despite the doubts
B. Donate money to the public
C. Do nothing, and regard the matter as resolved because of the doubts and the long time that has passed.
What does Jewish law say?