Question:
If Reuven asks Shimon to purchase an item on his behalf and gives him the money to do so, and the seller includes a free gift with the purchase, who receives the gift? Does it belong to the agent who made the purchase or to the person whose money paid for it?
Answer:
This question is discussed in the Gemara and Poskim and depends on the nature of the gift and the circumstances under which it was given.
On the one hand, the agent can argue that the seller handed the gift to him, and had he not personally made the purchase, the gift would never have been received. On the other hand, the sender can argue that without his money there would have been no purchase and no gift.
The Shulchan Aruch rules that when a seller provides an additional gift with the purchase of an item that has a fixed market price, the gift is divided between the sender and the agent.
However, when the purchased item does not have a fixed market price, such as jewelry and other negotiable items, the law is different. In such a case the gift is viewed as part of the overall transaction and discount received for the purchase. Since the sender’s money paid for the transaction, the gift belongs to the sender. The Alter Rebbe rules accordingly.
If the seller explicitly states who the gift is intended for, the ruling is also affected. If the seller clearly says that the gift is for the sender, everyone agrees that it belongs to the sender.
If the seller explicitly says that the gift is for the agent, the Alter Rebbe rules that the gift belongs to the agent. Nonetheless, the Alter Rebbe adds that a G-d-fearing person should be stringent and share the gift with the sender, out of consideration for the opinion that both parties contributed to the acquisition.
Practical Summary:
- If the purchased item has a fixed market price, the gift is divided between the sender and the agent.
- If the purchased item does not have a fixed market price, the gift belongs to the sender.
- If the seller explicitly designates the gift for the sender, it belongs to the sender.
- If the seller explicitly designates the gift for the agent, it belongs to the agent, although a G-d-fearing person should share it with the sender.
Sources:
Shulchan Aruch Harav Hilchos Mechirah U’Matanah V’Shaliach Ve’Apotropos Halacha 11; Shulchan Aruch Michaber and Rama C.M. 183:6; Kesubos 98b; Rashi ad loc.; Rosh Kesubos 11:15; Ramban 60; Shach 183:12; Ketzos HaChoshen 183:7 based on Ramban; Pischei Choshen, Vol. 3, Chapter 11 footnote 33