Receiving a More Expensive Product Than Ordered

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Question

A person ordered and paid for a product, but there was a delay in delivery, and after some time, there was a shortage of this model. Therefore, the store wants to provide him with a more expensive model instead of the one he paid for. Is there an issue of interest or theft in this case?

Answer

If the product was not in the store's possession at the time of purchase, it is prohibited due to interest.

Source

See the glosses of R' Akiva Eiger (Yoreh De'ah, Siman 176) that the ruling applies if he has it. It is permitted only if the item was actually in his possession at the time of purchase.

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