B"H
At the Se'udat Shlishit (third Shabbat meal), Rabbi Mordechai Machlis raised a certain halachic topic and everyone else, including the Rabbi himself, was unable to find the proper halachic answer.
Maybe the readers of this site can make a few suggestions.
The story goes as follows:
Someone from the States told Rabbi Machlis about a friend (a religious Jew) who seems to use a special Walmart offer a little too much. The Walmart chain is taking back electric appliances if the customer finds out that there is a defect. Walmart takes back the appliance within 30 days and refunds all the money to customer. Moreover, the customer doesn't have to give any reason for the return but just bring back the item and get the money.
This religious Jew someone knows always goes to Walmart before he and his wife are going on vacation. For example, they buy a camera, use it during their vacation and then go back to Walmart, return the camera without giving a reason and getting the money back.
This religious Jew feels that he is acting totally according to Halacha and has done this kind of procedure a few times. He buys, goes on vacation, brings back the appliance and gets the money back. Furthermore, he spoke to one of the Walmart managers and told him what he is doing. Unfortunately, we don't know the exact words of this conversation.
The questions is if this behaviour is really according to Halacha.
The religious Jew claims that Walmart is so wealthy and wouldn't loose any money anyway. And when they already make such an offer, so why not use it ?
More than ten people participating in the third meal and debating the issue where against the behaviour of this person; he would not act according to Halacha. Rabbi Machlis, however, was looking for the famous "Kav Sechut - Benefit of a Doubt" and suggested that if the customer shows up again in order to return the appliance, he has to pass the huge Walmart building. And on his way to the electric department, he passes countless shelves. Then he sees more and more other items and might purchase here and there. In other words, spend more money until he finally reaches the electric department. This way, Walmart wouldn't loose any money.
Everyone else, including myself, considers this kind of behaviour (using items and then returning them) as theft because Walmart cannot sell the appliance as brand new anymore.
Someone claimed that, in the meantime, Walmart has obviously changed its policy and asks people who return something for their name, address and other details. Additionally, the customers are only allowed to make three return visits.
Apparently Walmart is aware of customers misusing the return and money back offer.
But still, we couldn't find a precise halachic decision and maybe one of the readers here can make a halachic response.
Sunday, August 17, 2008
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The "big-box stores" are indeed "easy". It is because they buy in such bulk, therefore the manufacturers have to take the returns to keep the business. But what about the manufacturers? Well, as they can't be resold, most of the "unsuitable" items end up in the garbage dumps where they deposit toxic chemicals into our earth. So, Halacha or not, this Jew is killing our planet and if we approve of that then we are shortening our own, and our decendents lives! Shame on him, and shame on all who don't censure him.
ReplyDeleteB"H
ReplyDeleteYou made a very interesting point !
I am going to make a list I will present to Rabbi Machlis how other people see that issue.
Isn't there halacha something along the lines that you shouldn't ask the merchant for the price of something if you don't intend to buy it? It seems this abuse of Wal-Mart would be similiar.
ReplyDeleteB"H
ReplyDeleteYes, there is such a Halacha. I think in the Talmud Tractate of Bava Metziah, but I am not sure.
The person in this case made the purchase and so far, everything was according to Halacha.
However, Rabbi Machlis metioned another case from Bava Metziah were someone orders some obviously professional workers to carry some wine barrels. The workers are clumsy and drop the barrels with the expensive wine.
The workers demanded their salary and got their support from the Sanhedrin. The person hiring the workers had to pay them even when they ruined his expensive wine.
B"H
ReplyDeleteGreat post---but one note. The part about Wal Mart only accepting 3 returns was only in the case of someone who did --not-- have a receipt. In the case from Seudah Shlishit--the person had a receipt. Have a good afternoon & enjoy the conference.
Shalom