A messenger who erred in giving a gift | Indirect damages | Ask the Rabbi - SHEILOT.COM

A messenger who erred in giving a gift

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Question

A person sent a sum of money as a gift to two people, and the messenger gave the entire sum to one of them and did not tell him that he should give half to the other. The recipient then went and used the entire amount to buy an item that he would not have bought for himself had he not received the gift. Afterwards, the recipient found out that only half of the sum had been intended for him. Who must give the amount to the second intended recipient: the messenger who caused the damage, or the first recipient?

Answer

The first recipient.

Source

Pitchei Teshuva, Choshen Mishpat, siman 54.

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