 |
|
May 25, 2012
Mark Clayton: Is Hillary's State Dept. hacking Al Qaeda? Not quite
Erika Bolstad: Temple cancels Wasserman Schultz speech
The Kosher Gourmet by Ethel G. Hofman: The former president of the International Association of Culinary Professionals, whose members included the likes of Julia Child, is back with contemporary Shavous cuisine: Ruby Fruit Soup, Sweet Noodle Kugel with Cheese, Key Lime Curd, Calsone Casserole Frittata with Wild Mushrooms, Sun-dried tomatoes and Olives, Baked Tilapia with Pepper Cheese Cream and Brown Sugar Shortbread
May 24, 2012
Jeff Jacoby: The peace process battered Israel's reputation
Michael Muskal: 'Pro-choice' position hits record low, according to poll
Chris Farrell: Are We in a Tech Bubble?
The Kosher Gourmet by Penelope Wall: PHILLY CHEESE STEAKS --- hold the steak!
May 23, 2012
Tony Pugh: More private colleges offering tuition discounts
Mary Beth Franklin: How to Choose the Right Annuity for You
Tina Susman: The wig wasn't enough: Man gets 13 years for posing as his dead mom
The Kosher Gourmet by Emma Christensen:A simple way to do fish right
May 22, 2012
Warren Richey: Can US group challenge overseas surveillance act? Supreme Court to decide
Thomas M. Anderson: Walking Away From a Mortgage
The Kosher Gourmet by Megan Gordon: Enjoy a celebration of the most rich and layered flavors: Black bean, sweet potato and quinoa chili
May 21, 2012
Mark Clayton: Cybersecurity: How US utilities passed up chance to protect their networks
Howard LaFranchi: NATO summit: Who will foot the bill for long-term Afghanistan security?
Chris Farrell : Earn Dividends in Emerging Markets with This WisdomTree ETF
Stephen Whiteside, Ph.D. : Mayo Clinic Medical Edge: Social anxiety disorder --- or just shy?
Guy Jackson : Victim's father regrets death of Lockerbie bomber
The Kosher Gourmet by Mario Batali: Famed chef's veal shoulder farsumagru: A festive meat course for late spring
May 18, 2012
Rabbi Berel Wein: Striving: The People of the Book's Book for (All of) the People
Steven Goldberg: 5 Great Stock Picks and the Exchange-Traded Fund that Owns Them
Mary Pickett, M.D.: Ask the Harvard Experts: Don't be forced into gluten-free lifestyle based merely on a doctor's false-positive test
The Kosher Gourmet by Carolyn Malcoun: DIY healthy lunchbox treats: HOMEMADE FRUIT BARS for kids and brown-bagging adults alike
May 17, 2012
Warren Richey: Teacher fired for being unwed and pregnant can sue religious school, court rules
Josh Mitnick: Netanyahu's 'centrist' coalition is already proving it's anything but
Steven Goldberg: Earn Dividends in Emerging Markets with This WisdomTree ETF
Amina Khan: Research links coffee to lower death rates
The Kosher Gourmet by Faith Duran : Cheesy Potato Breakfast Casserole with Cheddar and Sun-Dried Tomatoes
May 16, 2012
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
Jeff Bertolucci: Get Home Phone Service for Less Than $10 a Month
The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
|
| |
Jewish World Review
June 11, 2007
/ 25 Sivan, 5767
Bank error
By
Rabbi Dr. Asher Meir
Can I keep the money the bank mistakenly deposited into my account?
http://www.JewishWorldReview.com |
Q: I recently found an unexpected deposit into my account. This has happened a few times. In the past I notified the bank, but now it's becoming a burden, I could really use the money, and besides I understand that the bank is insured against the mistake anyway.
A: I wrote about this topic once before, also with a quote from the famous Monopoly "Community Chest" card. In that column, I concentrated on the ethical aspect of the question, namely the obligation to return lost objects. The Torah commands us "When you encounter the ox of [even] your enemy or his ass straying, surely restore them to him" (Exodus 23:4, see also Deuteronomy 22:1). In order to maintain an orderly society, we are commanded to invest reasonable effort in returning lost objects, including lost money, when we can find out who the true owner is.
Since then I have done some further research, and I want to expand a bit on my earlier insights. I note that Jewish sources deal not only with the ethical aspects of this question but also some of the practical ones.
The Shulchan Aruch (authoritative Code of Jewish Law) states: "If someone receives money from his fellow and finds extra, even if [the depositor] doesn't demand them he is obligated to return them if it is a sum that is reasonably likely to be a mistake". (1)
The Shulchan Aruch implies that what seems to be a mistake is very often not a mistake at all. The first step is to consider if the deposit is a mistake; if it is, it must be returned.
My research on the "surprise credit" phenomenon (try a web search on "Bank error in your favor") revealed that in a large fraction of cases these surprises were not errors at all. They can be income tax refunds, repaid loans, forgotten deposits, etc. These deposits have important consequences; they may obligate you to pay taxes (if it is income) or exempt you from taxes (if they are refunds). They may obligate you to pay back a creditor (if it is a loan) or exempt a borrower from paying you (if it is a loan repayment). Thus it is worthwhile to contact the bank to find out exactly what the source of the deposit is.
The other thing I learned is that even when the deposit really is a mistake, the account holder ignores this mistake at his or her peril. With or without insurance, the depositor eventually finds out where the money ended up, and is entitled by law to reclaim it. Statutes of limitations on this right can be very long, and precisely because "you could use the money", by the time the depositor catches up to you, you will be very unlikely to have the money handy. In a few cases, using the money can be considered a crime.
The Talmud tells a fascinating story about Rav Shmuel bar Sosretai. The queen in Rome had lost a valuable jewel, which was found by Rav Shmuel. The queen made a public announcement that anyone who returned the jewel within thirty days would receive a prize, whereas anyone found with it after thirty days would be executed. Rav Shmuel deliberately waited until after the thirty day period and then voluntarily returned the object. The queen, seeing that Rav Shmuel was returning the jewel completely voluntarily, tried to find a loophole for him: perhaps you weren't in the city early in the month? Perhaps you didn't hear the announcement? Rav Shmuel asserted that he knew very well of the announcement, and was only returning the jewel after the deadline so that people would know that his motivation was not fear of the sovereign, but rather of the fear of G-d's commandments. In this way he sanctified G-d's name among the Romans. (2)
Evidently this was enough to save Rav Shmuel bar Sosretai from punishment, but in this day and age I am skeptical that such a claim would protect you from any legal claims, fines etc. that keeping the money might subject you to. So even those of us who are not on the exalted level of Rav Shmuel bar Sosretai who returned lost valuables only because of the fear of G-d, would be well advised to return any misplaced money because of concern for the many sanctions imposed by the secular law.
SOURCE: (1) Shulchan Aruch Choshen Mishpat 232 (2) Jerusalem Talmud, Bava Metzia chapter 2 Halacha 5
ARCHIVES
Every weekday JewishWorldReview.com publishes inspiring articles. Sign up for our daily update. It's free. Just click here.
JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
To comment or pose a question, please click here.
THE JEWISH ETHICIST, NOW IN BOOK FORM
You've enjoyed his columns on JWR for years. Now the Jewish Ethicist has culled his most intriguing — and controversial — offerings in book form.
HARDCOVER
PAPERBACK
Sales help fund JWR.
|
© 2007, The Jewish Ethicist is produced by the JCT Center for Business Ethics
|
