הרב צבי דידי משיב כהלכה
Country: ארצות הברית

Question

I bought a garment at a clothing store and after paying I asked the store owner if I could leave it for the next few hours, she agreed and took the garment, but when I returned the bag was gone, it was probably taken accidentally. The store owner says she told an employee to put the bag on the side for the time being. I consider this the store owners foult since I bought from her and handed her the bag and she was responsible, she didn’t have to tell the employee to keep it at all?

answer

The halacha is, the store owner should not be charged by telling the employee to safeguard it, since this is the way to of poeple to trust household members to safeguard items, and the same implies with regards to employees. However, it is necessary to find out if the employee had properly stored away the item, and had not placed it negligently in a place that poeple could have taken the garment by mistake, if so the employee is responsible to pay for the item.

Sources and reasoning

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