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Recently overheard in an office environment; two people ordered food from a dairy establishment, thereupon decided the food tasted terrible,called up to complain how bad the food was, they were throwing it out, however, they actually continued eating, received the credit toward a future purchase, full value, no food was left at the end. Derech agav a brocho achrono was made, after all how can one eat without benching!
What is the halacha?
What is the question?
your post just brought back SO many memories. my dad had a restaurant for 10 years. can’t say how many times he would have customers buy a full meal, then at the end say x was too hot, y was too spicy etc. and then expect not to pay/refund/coupon… if you don’t like the food, STOP EATING! if you eat the meal then complain, you’re a shnurrer plain and simple. and just FYI, the managers/proprietors/waiters all know what you did.
sorry. don’t know the halacha though.
You are asking if they can use the credit? Assuming they were legitimately complaining, I don’t see why not.
Why do you assume the complaint was not legitimate?
popa – it sounds like the reason they are assuming the complaint was not legit was because they continued to eat it. if it was so “terrible” as they claimed why would they finish up the whole thing? i wouldn’t eat something i thought was terrible, would you?
gefen: I don’t know about that. If it was below the standard they expected, then they had a legitimate complaint. It might still be edible, and they were hungry. I don’t see anything bizarre here.
you are receiving credit for the food and eating it.?
Why not? The store didn’t ask for it back, did they? Who does it help to throw it out?
the OP said the person falsely claimed to the restaurant that it was inedible – that they are throwing the food out, in order to entice the restaurant to give them credit, when in fact that was a lie and they did not throw the food out as they claimed.
so It was ganeiva.
the OP said the person falsely claimed to the restaurant that it was inedible
Was that the story, you are correct, that might change things. However, the restaurant would understand what they meant by inedible- not that it was truly impossible to eat.
But, since you apparently missed the OP, I will copy it here:
Recently overheard in an office environment; two people ordered food from a dairy establishment, thereupon decided the food tasted terrible,called up to complain how bad the food was, they were throwing it out, however, they actually continued eating, received the credit toward a future purchase, full value, no food was left at the end. Derech agav a brocho achrono was made, after all how can one eat without benching!
What is the halacha?
It says “terrible,” not “inedible.”
I agree w/ stam they were goneiv daas when they said they would throw it out. Interestingly the gem. in Chulin mentions the inyan of geneivas das goyim on the same daf with the sugya of dvarim chashuvim aino butal, for instance say you have 3 T-bone steaks and one is treif min ha Torah you can eat all three, majority rules but the Rabbi’s prohibited portions that are fit to serve a guest from being subsumed in the majority, so they are assur- I always thought there was a connection that to serve all three as kosher even tho the Torah would hold you could wouldn’t it transgress gneivas das habrios? (Could be a side reason for the gezeirah)
popa, the customer lied to the restuarant (falsely claiming they threw the food out) in order to get the credit.
stamamen: popa, the customer lied to the restuarant (falsely claiming they threw the food out) in order to get the credit.
littleapple: I agree w/ stam they were goneiv daas when they said they would throw it out.
meh. I don’t see anything wrong still. Maybe they did intend to throw it out, but then decided they were hungry.
It all goes back to whether the complaint was legitimate and in good faith, in my opinion.
Last time i ordered from a certain burger joint it came about an hour and forty five minutes after i ordered it and the food was cold , not warm not hot but cold and therefore unappetizing i called the place and they suggested i put the food in the microwave i told them if i wanted to cook dinner i wouldn’t have ordered from you, mind you this place is about a 4 minute drive from my house. They said they would give me a credit next time i ordered i highly doubt that will happen. For the record i ate about half the chilled food but that is not what i paid for i paid for a hot meal.
Ain zeh mevarech ela mena’etz.
Jothar what does that mean?
pba: It all goes back to whether the complaint was legitimate and in good faith,
I agree w/ this, if the complaint was in good faith and not just to take advantage and get a credit they could do whatever they want with the food after since the place is not taking it back.. I suggest to restaurant owners however that the best thing to do would be to send out a replacement order asap.
The gemara in sukkos says that stealing something and making a bracha on it is cursing Hashem- ain zeh mevarech ela mena’etz.
Jothar did u write that in response to my post or just in general?
I was once involved in a retail food establishment. People would come back and say “I bought ____(insert item here) for a party and it was terrible. Nobody was able to eat it”. If you asked them what they did with it “Oh, I served it anyway” usually meant they were just fishing for a credit or refund. If however they came back with half a ___ you knew it was a truly valid complaint.
With any retail establishment (especially food) the best practice is that “the customer is ALWAYS right” whether you think so or not, and just do whatever you can to placate them.
GOQ: I think Jothar was responding to the OP.
Thank you Popa i thought so too.
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