Rav Baruch Meir Levin Question: In the last segment, we discussed a case where a…
Rav Chaim Weg
Reuven is taking a trip to Eretz Yisroel. His friend, Shimon, asks him to please purchase some mezuzos for him from a sofer in Yerushalaim. When Reuven returns to America with the mezuzos, Shimon tells him that he changed his mind and bought mezuzos from a sofer in America instead. Does Shimon have to pay Reuven for the mezuzos that he bought on his behalf?
Technically speaking, one is not bound to a purchase unless he makes a kinyan. In this case, Shimon didn’t make a kinyan, so it would seem that he has no obligation to pay; however, the halacha is that one can appoint a shliach without a kinyan. In this story, Shimon clearly made Reuven his shliach to buy mezuzos for him. Secondly, there is a rule that “shlucho shel odom k’moso”, so when Reuven bought those mezuzos for Shimon it was as if Shimon was buying them. Thus, the mezuzos belong to Shimon and he cannot refuse to take them from Reuven.