He bought a product worth 360 NIS in a store, gave the seller 350 NIS, and the latter mistakenly gave change…
Question
Hello.
Someone bought a product worth 360 NIS in a store, gave the seller 350 NIS, and the seller mistakenly gave him 40 NIS in change, thinking that he had given him 400 NIS. The buyer lives in a city far from the store, and the seller is not interested in coming all the way to him for this amount. Is the buyer obligated to go to the trouble of coming in order to return it?
Answer
Hello and blessings.
If it was the seller’s mistake, the buyer does not need to go to the trouble; but if it was the buyer’s mistake, he does need to.
Source
See carefully siman 367, se’if 1, that if he did not swear falsely to deny the claim, the thief does not need to pursue the person from whom he stole, but only to notify him. On the other hand, see siman 386, se’if 1, that one who pushes his fellow’s coin into the sea is liable according to the view that rules according to dina de-garmi, consequential damage (which is how we rule). The Shach says that all of this applies if he did not lift it, but if he lifted it, he became a gazlan, a robber, and must perform restitution, and according to everyone he is liable. This distinction requires analysis.
