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Fellow Weekly - Issue 89
WHAT'S THE LAW ™
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Welcome to Fellow Weekly's
WHAT'S THE LAW?™
Encouraging intelligent and entertaining debate at your Shabbat table.
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals. |
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CASE 189: Drink or Sink!
Ayalon Ya'ari from Ramat Beit Shemesh, studied medicine in Haifa's Technion; the Israel Institute for Technology . Beginning to focus on Nuclear Medicine therapies, in 2008, Ayalon transferred as an exchange student to Johns Hopkins school of Medicine.
With a preference to off-campus living, Ayalon rented a comfortable basement apartment from the Fein family. Living on the quiet country-like tree-lined Green Meadow Parkway in Baltimore County, the Fein's warmly adopted Ayalon as though he was a member of their own family. Ayalon understandably endeared the Fein's as well; holding a special penchant in his heart for seventeen year old David Fein, a cute, intelligent, and highly responsible young kid.
Intending to spend Passover back home on Ramat Beit Shemesh's Nahal Dolev Street, Ayalon left his black 2007 Acura CL for David to use during the holiday break. With Passover beginning on Saturday night, Ayalon left for Ben Gurion Airport early Wednesday Morning.
Running some last minute errands for his Mom early Friday afternoon, young David flipped open the trunk and was shocked at his find.
Three full bottles of Gold Signature Chivas Regal 18! David looked at his watch. Shabbat had already set in Israel. " Jewish law forbids ownership of whiskey during Passover," There's no contacting Ayalon before Passover sets in either..." David thought to himself.
What are Daniel's and Leon's respective responsibilities towards the Marvin and his daughter?
What is the law?
Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!
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LAST WEEK'S CASE
CASE 188: Marvin & The Mariner Moose Tip Off Part III
The festive mood continued to escalate quite quickly in Marvin's home. Though by now, more than a bit tipsy himself; Marvin looked closely at his watch. He motioned to his wife that he'd be leaving for a short while to distribute some funds to the needy to bring joy to their hearts on Purim day.
Marvin neared the entrance, slowly reached for the squeaky knob, when the door suddenly swung wide open. Splat! Marvin fell fast back against the wall as a herd of brown bushy buffalo barged straight through the doorway. Their song, dance, and piping music muffled the cries of Marvin.
"Can't beet 'em; join em!" thought Marvin to himself. Soon the buffalo herd lifted Marvin high up to the ceiling, singing and dancing.
"This should be done to the man who the King wants to admire. Pay for our school's central air, so that this summer we won't perspire. Mr. Marvin we'll let you down, don't despair. Just cover for the school's major repair. Six dollars a day for the next five years, what do you say? Yes? Then we'll sure let you on your way. "
Buffalo's down there! Do you hear? I'll give you double just let me down. Can't afford to have the city's poor frown."
"Take this pen Mr. Marvin write out a down payment and IOU, We'll sure be back tomorrow to finish with you!
The Buffalos returned the next day to collect the rest of their windfall, but Marvin refused, the entire episode he could not recall.
Must Marvin fulfill his pledge? May he demand the deposit back?
What is the law?
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The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
Marvin may not request his down payment back and is required to fulfill his pledge. |
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Detailed Explanation
Marvin & The Mariner Moose Tip Off III implicates the following law.
The gifts and business deals issued by an individual under the influence of alcohol are legally binding even if he cannot recall the events subsequently, provided that at the issuing time, he had not reached a state similar to Lot, of which he had absolutely no idea of what he was doing [Choshen Mishpat 235: 22] . Application
Though Marvin was significantly under the influence at the time of his $10,950 pledge, he knew what he was doing at the time. He had scheduled charity errands to run and attentively intended to carry them out. Although Marvin could not recall pledging six dollars a day for the next five years ($10,950) to cover the cost of the newly repaired central air conditioning system, his down payment and pledge were indeed legally binding.
Answered by: The Yesharim Research Center |
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Note:
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
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