By Rabbi Meir Orlian | |||
#8 |
Behar Bechukosai |
7.05.2010 |
N/A |
Q: I over-ordered some merchandise, and told my neighbor he could take the extra for free. I later realized that the surplus is useful for me. Can I retract my gift offer?
A: The transaction of movable items is finalized through hagbaha, picking up. Thus, if the neighbor picked the merchandise up with the intent to acquire ownership, it is his, even if it remains meanwhile in your store or warehouse. Large or heavy items that are hard to pick up can be acquired through meshicha, dragging into your neighbor's property or a semi-public area such an alleyway (C.M. 198:1-5).
If the neighbor has not yet picked up or dragged the item, it is legally possible to retract the offer. Nonetheless, one who retracts from a small gift offer is deemed lacking trustworthiness (mechusar amana), since the recipient certainly expects the gift. However, if the recipient was offered a large gift, he entertains the possibility that the giver might retract before the gift is finalized (204:8). If the gift was promised to a poor person, a charity, or a Torah institution, it is considered a vow and must be upheld in any case (243:2).