A Bottle Stuck in the Machine - Theft

Trade and commerce

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Question

I saw in a vending machine that one of the bottles (which someone probably paid for) got stuck in the middle of the machine, so you can pay for one bottle that will knock down the second one on the way. Is it permissible to do this? (Especially since presumably someone will do it later)

Answer

Hello

The stuck can belongs to the owner of the machine. Therefore, if he left contact details on the machine, you should report it to him. However, if he did not leave contact details, it is considered ownerless, and you can take the additional can for yourself.

According to the law: the can belongs to the owner of the machine and not to the buyer, because it has not yet left the seller's possession and has not reached the buyer's hand.

And even though the previous customer paid for the can, nevertheless, the can does not enter the buyer's ownership, because this payment is not a monetary acquisition but a form of commitment that the seller will give a can to the buyer. Additionally, movable property is not acquired through a monetary transaction.

Source

According to the instructions of the Gaon, Rabbi Ovadia Fried, shlita

Azmera Leshimcha 278

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