Reply To: Eating in the store before checking out

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#1305942
MDG
Participant

“Isn’t the Halacha that you’re kona an item as soon as you pick it up, even before you pay for it?”

Not if the present owner does not consent. Furthermore, in a store the kinyan is made through money. That’s the gemiras daas. You have never seen a kinyan otherwise.
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“It’s in the owner’s best interest to let people snack on their purchases while they shop…”

While the store owner would not want a screaming kid, s/he also does not want shoplifting. The item does not belong to the customer until payment. A hungry kid is the parent’s responsibility, not the store’s.

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I find this moreh heter bothersome. If there was a safek of a treif ingredient, you would not touch it, but consuming stolen goods is just as bad – if not worse. I recently heard in the name of Rav Yaakov Kaminetzky [sp?] that one reason that kids go OTD is that they ate food acquired through dishonest means, basically gezel.