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Money Extra charge for backpack in cab in Israel

Rabbi Moshe Leib Halberstadt

Shevat 27, 5775

Category: Finance and Halacha

General Questions

Question:
I took a cab in Israel. I said "moneh" and the guy turned on the moneh. Towards the end of the trip I see
a surprise charge for my backpack - 4.40 shekalim. I have never been charged for my backpack. When
the guy let me off I paid him the base price (20 shekel for 19.80 ride) but not the rest because he did not
inform me he was charging me for the bag. What should I have done?
Answer:
Payment to a cab driver is determined by local custom (Minhag HaMmedinah). (By engaging laborers
everything depends on local custom. Mishnah Bava Metzia 83a. Shulchan Aruch Choshen Mishpat
331).
The Ministry of Transport determines that the price of a cab ride includes transporting the passenger's
hand luggage; For each bag or other baggage passenger will pay 4.40 NIS (Ministry of Transport - File
of Regulations 7259, 10 of Tammuz 5773, 06/18/2013 - Page 1321 Addendum (clause 2) price of cab
ride
Part
A:
special
ride
by
meter).
This
definition
of
the
Ministry
of
Transport
suffers
from
ambiguity.
The Transport Minister responded to a query of "Bar-Or Cohen law firm" (dated 07/24/2012) who
complained of the lack of clarity in this definition. The extra fee can only be charged when the baggage
caused
the
cab
driver
additional
effort
and
time.
Despite this response of the Ministry of Transport, the lack of clarity in defining the size of the baggage,
and
what
is
considered
"additional
effort
and
time"
remains.
According to all of the above, it is clear that if it is a small bag or backpack which all agree that is
considered hand luggage, you were right for not paying the driver for the backpack. If it is a large
backpack which required the driver to additional effort and time, you were obligated to pay him for the
baggage, and you should make every effort to locate the driver and pay him in order to avoid the
prohibition of theft. Nevertheless in the event that it is impossible, give the amount of money to charity
in merit of the driver, because there is a well grounded assumption that the driver would rather receive
the merit of charity in this case where he certainly cannot receive the money (I heard this solution from
my father Shlita in the name of his Rebbe, HaGaon Rabbi C.P. Scheinberg ZT"L).
In a case where it is not clear whether the bag requires payment in terms of size or in terms of the
driver's additional effort and time, apparently you are not obligated to pay him because of "The burden
of proof rests on the one who seeks to extract money from the possession of his fellow". Nevertheless,
it is preferable to make sure that you do not owe any money to the driver by giving that amount of
money to charity and stipulating that if it's coming to the driver then it should be in his merit and if not,
then
it
should
be
in
your
merit.
In any case, for the future it is recommended to come to an agreement in advance regarding payment
for luggage, in order to avoid the unpleasantness caused as a result of the lack of clarity on this issue.