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    Reuven lent Shimon $5,000 via check. Shimon cashed the check at a check-cashing place. When it came time to pay back the loan, Shimon brought $5,000 to Reuven. “You are not responsible for the loan,” Reuven said, “since the original check was never cashed.” Is Reveun correct in saying that Shimon is not responsible?

    One certainty in this scenario is that if the check-cashing place is owned by a Yid, then Shimon has an obligation to go back to him and tell him that the check was never cashed. This is an aspect of Hashavas Aveida. What would be the din in the event that the check-cashing place is owned by a non-Jew, and there is no obligation of Hashavas Aveida?

    Rabbi Shammai Gross and Rabbi Yaakov Meir Stern paskened that Shimon is still responsible to pay back the loan. The fact that he received cash for the check makes him a “loveh” (borrower) and he is in debt and must repay his debt. The fact that the check was never cashed is Reuven’s luck and has nothing to do with Shimon. There are even some who are of the opinion that a check is considered like giving cash and therefore there is no shailohthat Shimon is responsible to pay back the $5,000.

    Reb Yitzchok Zilbershtein concurred and gave three reasons: Firstly, a check is considered cash, as quoted from his father-in-law, Reb Elyashiv zt”l. Secondly, it could be that the check-cashing place will find the check and may even ask for a replacement check if the regular time period elapsed. Thirdly, it is the luck of the owner of the check if it is never cashed and has nothing to do with the borrower.

    Rabbi Naftoli Nussbaum and Rabbi Mordechai Gross dissent. They are of opinion that Shimon is not responsible at all. They say Reuven does not become a lender until the money is taken out of his account. The fact that Shimon received cash has nothing to do with Reuven.

    Since there is a safek; in practice it would depend upon who has the money. If Shimon already repaid the loan, he is not able to take back the payment from Reuven. If he had not paid back the loan, then he may hold off until Reuven brings proof that he had to pay the money to the check-casher.

    This same question can apply in two more scenarios. If one gave a donation to a Yeshiva from his maaser money and the Yeshiva passed the check to someone else and it subsequently got lost, was the person yotzei tzedaka or not? The other case would be if one paid back a debt with a check that never ends up being cashed. Is the borrower then yotzei the mitzvah of prias chov?

    Do you have a topic or discussion you want to read about? Please send comments or questions to hymanbsdhevens@gmail.com or berachsteinfeldscorner@gmail.com