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February 13, 2012
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Jewish World Review
July 24, 2006
/ 28 Tamuz, 5766
Some Favor
By
Rabbi Dr. Asher Meir
Do I have to reimburse someone who tried to do me a favor?
http://www.JewishWorldReview.com |
Q: I got separated from my group on a tour, but succeeded in finding a resourceful cab driver who got me back promptly. In the meantime, two group members spent a large amount on cab drivers trying to find me. Do I have to pay them back?
A: You face a common situation: a well-meaning but unsolicited helper who wants to be paid back for his efforts on your behalf.
Jewish law strongly emphasizes the importance of coming to the help of our fellow human being, and does enable the rescuer to recoup his costs. However, there are certain conditions on this recompense to avoid putting an unfair burden on the person being helped.
The Talmud discusses the case of a person whose donkey is swept into the river. A bystander who is able to help save the donkey is definitely obligated to do so. This is a fulfillment of the commandment to return lost objects, as well as the mandate not to stand idly by when we can save our fellow man from danger or loss: "Do not stand idly by your neighbor's blood"(Leviticus 19:16).
If there is unusual effort that a person would normally pay for, the owner of the donkey is obligated to pay the rescuer whatever is the usual pay for this kind of work. But this payment is dependent on certain conditions:
1. If the owner asks the bystander to help and offers payment, then he has to pay even if the bystander's efforts are ultimately unsuccessful.
2. Conversely, if the bystander is actually successful in effecting a rescue, then the owner has to pay even if the effort was unsolicited, as long as the kind of efforts he invested are commensurate with what is usual in such a situation.
3. In any case, the amount owed is the usual rate, not whatever amount the rescue actually cost if the rescuer incurred a greater than necessary loss.
In your case, you didn't agree to have your friends come to help, and their efforts didn't really help you in the end since you managed to hook up with your group through your own efforts. Furthermore, their expenses were greater than what was really necessary. So you are under no ethical obligation to pay them back.
However, you should ask yourself if this is the time to stand on your rights. Look at the situation from their point of view: out of concern for your welfare, they went out of their way to try and find you and reunite you with the group. If it is not too much of a financial burden, the fairest thing is if you do agree to repay them what they spent, or at least the cost of a cut-rate ride like the one you found.
SOURCES: Babylonian Talmud, Bava Kamma pg. 116; Shulchan Aruch, Choshen Mishpat 264:4
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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.
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Previously:
Seeking credit card debt settlement
Can I threaten to spread the word about someone who cheated me?
How can the terminally ill tap into their life insurance?
Is there value in an unhappy marriage?
Where does the Almighty fit into your corporation's mission statement?
Does an expert witness have to be impartial?
Should I give recognition to a modest man who did a great deed?
In representing my firm, can I tell a white lie?
Defrauding insurance to save a life
Can top level management unilaterally give away money to corporate dollars to charity?
Loans to Family Members
How much worker supervision is too much?
Should I turn in a colleague for inappropriate acts?
Priority in charitable giving
Trolls and ogres
How many hours of work is too many?
Can I promote my product by having it unobtrusively written into a story?
He's not heavy he's my brother
All's fair in war?, II
All's fair in war?
Girth vs. worth
Is it proper to tax bequests?
Ethics of Being Overweight
Penalized for working swiftly
When is it a bluff?
'Rate and switch'
My paycheck is late!
Should schools cater to an elite?
All's fair in love?
Comfort and Competition
Do I need the caller's permission to put a call on the speakerphone?
Overtime for lost time
Is it unethical to play suppliers against each other to get the lowest bid possible?
Do family members have precedence in charity allotments?
What the world of business can teach us about our annual process of repentance and renewal
Are religious leaders subject to criticism?
Vindictive Vendor: How can I punish an abusive competitor?
Blogging Ethics: Is the blogger responsible for defamatory posts?

© 2005, The Jewish Ethicist is produced by the JCT Center for Business Ethics
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