Taking an item from one’s fellow who did not uphold their agreement

Shalom.

A young man obtained the phone number of a person who had a used refrigerator to give away. In practice, he himself did not need the refrigerator in the near future, so he gave the number to his friend with the intention that the friend would take the refrigerator, and later on, when he would need it, the friend would give him the refrigerator. In reality, the friend took the refrigerator permanently. Is it permissible to take the refrigerator back from him?

Shalom u’vracha.

Answer: If the young man who gave the number explicitly told the recipient that it was only for a limited time, he may take the refrigerator back from him. But if he did not state this explicitly, he may not take the refrigerator back from him.

If this was explicitly stipulated, the young man who passed on the information has the status of a paid broker, who may set whatever conditions he wishes regarding his fee (and his laws are explained in Siman 185, se’if 6). But if it was not stipulated, this falls under the rule that matters which are only in one’s heart are not halachically considered matters (Siman 207, se’if 4).