Using a product for which compensation was received

Shalom.

A pizza was ordered, and the delivery person carried it vertically rather than horizontally, which caused the pizza to become squashed. After the customer claimed compensation from the store, he asks whether he is allowed to eat the squashed pizza.

Shalom u’vracha.

If the store owners say that he will receive compensation but must return the pizza, he must return it. However, if they do not ask that it be returned, he is permitted to eat it, since otherwise it will be thrown away.

It is explained in the Shulchan Aruch, siman 232, se’if 3, that if the buyer saw that there was a defect in the item and nevertheless used it afterward, this is considered a waiver (mechila). However, here, since he did not use it but immediately complained, this is not considered a waiver, and he may receive compensation. Nevertheless, now, since no one is claiming the squashed pizza, he may eat it under the law of a lost item with the owner’s awareness (aveida mi’daat ha’baalim; see also siman 261, se’if 4 regarding the law of aveida mi’daat). However, if the owners demand the pizza back, he is obligated to give it to them, as in any case of canceling a sale.