From The Business Halacha Institute

The Pfiefer family had finally finished putting away their Pesach dishes. “Thanks for all the help,” Mrs. Pfeifer said to her family.

“How about ordering pizza as a treat?” suggested the children.

“I think you deserve it,” said Mrs. Pfiefer. She turned to her husband. “Pinchas, could you please call the pizza store and ask them to deliver two pizzas?”

Mr. Pfeifer dialed the pizza store. “I’d like to order two pies with olive topping,” he said.

“When would you like it?” asked the man in the pizza store.

“In fifteen minutes,” said Mr. Pfiefer.

“You’ll come pick it up?” asked the man.

“No, I’d like it delivered,” said Mr. Pfeifer. “I don’t have a car available.”

“Give me your address and phone number,” said the man.

Mr. Pfeifer gave his information.

“We are extremely busy now,” said the man, “so I can’t promise delivery. I’ll send it if a delivery boy becomes available.”

“How will I know--” Mr. Pfeifer began to say, but the man had already hung up.

“Abba, will they bring the pizza?” asked the children.

“I’m not sure,” replied Mr. Pfiefer. “They couldn’t promise delivery; they’ll send it if someone becomes available.”

Fifteen minutes later, Mrs. Pfeifer turned to her husband. “Pinchas, the kids need to eat. We can’t wait half an hour to find out that they can’t deliver, and then order from elsewhere,” she said.

Mr. Pfiefer tried calling the store, but the line was busy. After a few more unsuccessful tries, he exclaimed, “It’s a wonder I got through the first time. All I get now is busy, busy, busy…”

After half an hour, Mrs. Pfeifer said, “This is ridiculous. We still don’t know if they will be able to deliver the pizza. Try one more time, and if they don’t answer, we’ll have to order from the other store.”

Mr. Pfeifer tried again, but the phone was still busy. “That’s it,” Mrs. Pfeifer declared. “We can’t wait any longer. Please call the other store.”

Mr. Pfiefer called the other pizza shop. “I’d like pizza delivered,” he said. “Can you bring it in ten minutes?”

“Sure,” said the man. “What would you like to order?”

“Two pizzas with olive topping,” Mr. Pfeifer said. He gave his address.

Ten minutes later, one of the kids called out excitedly, “The pizza scooter’s here!”

The doorbell rang. Mr. Pfeifer went to the door and saw the delivery boy from the first pizza store! “Sorry for the delay,” said the delivery boy. “We’ve been extremely busy.”

Mr. Pfeifer stood there dumbfounded, deliberating what to do. Meanwhile a second scooter arrived. “Here’s your pizza order,” said the second delivery boy, eyeing the first scooter with suspicion.

“Hold on a second,” said Mr. Pfiefer. “I’m going to get money.” He entered the house, whipped out his cell phone, and called Rabbi Tzedek. He quickly explained what had happened and asked, “Do I buy the first pizzas, the second pizzas, or do I have to take all?”

Rabbi Tzedek ruled: “You are not required to accept the pizza from the first store, even if it was a special order.”

After Mr. Pfeifer dealt with the delivery boys, Rabbi Tzedek explained, “If a person places an order to make pizza and then buys from elsewhere, he is obligated to cover the store’s loss if they cannot sell the pizza to another customer. If they can sell it to another customer, he is not legally obligated (Choshen Mishpat 333:8). Nonetheless, there is a moral obligation not to cancel an order unnecessarily (C. M. 204:7).

“However, all this applies when the order is concluded. A person is under no moral obligation to honor an agreement to purchase if the price hasn’t been settled yet (C.M. 204:6). Presumably, this applies also if other terms of the sale haven’t been finalized (Pischei Choshen, Kinyanim 1:2).

“In this case, you explicitly stated that you could not pick up the pizza; you placed the order on condition that it would be delivered. Since the pizza store could not commit to delivering it, the order is not considered to be concluded. The store should have called to notify you that they could deliver the pizza and to confirm the order.

“Furthermore, even had the store committed to deliver the pizza from the beginning, if the delivery was delayed significantly, you are entitled to order from elsewhere and cancel the first order [see Pischei Choshen, Sechirus 10(5)].”