David wanted to buy a new cellphone. He found an ad announcing a great deal at Moishie’s Mobile. He ordered a phone and a silicone shield — delivery in 5-7 business days.

Two weeks passed and David did not receive the phone. He contacted the store. “I ordered a phone two weeks ago and still haven’t received it,” he said.

“Let me check,” replied the customer-service representative. “One moment…. Indeed, there was an error in processing your order. I will resubmit it. In addition, as compensation for your trouble, we are crediting you the value of the silicone shield.”

“Thanks,” said David. “Please make sure that the order is sent ASAP.”

A week later, David received the phone, but not the silicone shield. David contacted customer service once again.

“We’re terribly sorry,” the representative said, “but the silicone shields for that particular model have been discontinued; they are not available.”

“Then please refund my money for the shield,” requested David.

“Our records show that we already credited the money for the shield,” replied the representative.

“That was compensation for the trouble,” argued David. “Once you agreed to that, you still owe me the shield or its value!”

“You want an additional refund for money that was already credited?” responded the representative. “I will have to consult the store owner on this and contact you tomorrow.”

“Very interesting case,” Moishie mused, when he heard the story. “I wonder what Rabbi Dayan has to say about this!”

Moishie called Rabbi Dayan and explained the situation. “I’ll decide how I want to handle customer relations, but would first like to know the halachah,” he said. “If the money for the silicone shield was already credited as compensation, must I give an additional refund if the shield is not available?”

“Halachah differentiates between giving a gift or granting permission to take something, and forgoing a debt (mechilah),” answered Rabbi Dayan. “Giving a gift requires a kinyan (act of transaction) to be halachically binding. An upstanding person should honor his verbal commitments, but a person is not viewed disparagingly if he retracts from a verbal commitment to give a large gift, since the recipient is not fully reliant on such a gift panning out. Retracting from a small gift without due cause, though, is considered mechusar amanah, lacking trustworthiness” (C.M. 204:8; 241:1).

“What did you mean, ‘granting permission to take something’?” asked Moishie.

“When you grant someone permission to take something of yours, it is similar to giving a gift,” explained Rabbi Dayan. “It is possible to retract until the person takes the item. Until then, it is just words; once he takes the item, he acquires it” (C.M. 241:3; see Shach 241:5).

“How is forgoing a debt different?” asked Moishie.

“Mechilah of a debt, or even of returning an entrusted item, is valid with words alone,” replied Rabbi Dayan. “It does not require any official confirmation, receipt or kinyan. This is because the money or item is already in the hands of the recipient; the owner has only a claim to have it returned. The minute he relinquishes this claim, his statement takes effect and the recipient can retain possession. However, the term mechilah does not apply to granting items still in the giver’s hands” (C.M. 241:2).

“Thus, had you committed to give free merchandise as compensation, you could retract,” concluded Rabbi Dayan. “Conversely, had the customer owed you money for a silicone shield that was already sent, and you stated that there is no need to pay, that would be classic mechilah. This case is debatable. It seems to me that when you credited the customer the value of the silicone shield without canceling the order, it is like you gave him the money as a gift, which he possessed. Thus, I think you still owe him the shield or a refund of its cost.”