web analytics
October 25, 2014 / 1 Heshvan, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Bike Theft!

Choshen-Mishpat-logo

“Yosef, congratulations on your graduation!” said Uncle Sam. “I want to buy you a new bike as a present.”

“Oh, thank you!” exclaimed Yosef. “The chain on my old bike keeps slipping and the brakes are going.”

Yosef and his uncle went to the bike store and chose a Schwinn 21-speed hybrid bike. “You also need a lock,” said Uncle Sam. “Get a Kryptonite U-lock.”

Yosef brought the bike home and showed it to his parents. “That was very generous of Uncle Sam,” said his mother. “You should write him a nice thank-you note.”

“Make sure to keep it locked,” said his father. “New bikes have a habit of growing feet and ‘walking’ away.’”

“I know,” laughed Yosef. “Uncle Sam also bought me a lock.”

The following day, Yosef arranged with his friend Dovid to go bike riding together. He stood his bike at the entrance to Dovid’s house and rang the bell. “I’ll be out in a minute,” said Dovid. “Come in and close the door while I put on my coat.”

Three minutes later, the two boys walked out. Yosef stopped in his tracks, pale. “What’s the matter?” Dovid asked with alarm.

“I left my bike outside your door!” exclaimed Yosef. “It’s gone! Someone stole it!” “You didn’t lock it?” asked Dovid.

“I always do,” Yosef replied. “But I didn’t think I needed to for the three minutes. What am I going to tell Uncle Sam?”

“I feel really bad,” said Dovid. “We’ll post ‘Missing’ signs around the neighborhood; maybe the bike will turn up. Meanwhile, I have an extra bike you can borrow. ”

A week later, Dovid and another friend spotted Yosef’s bike locked outside a store. They waited a few minutes and saw Jake come and unlock the bike.

Dovid walked over and grabbed the handle bar. “Hi Jake, where’d you get this new bike?” he asked.

“I…. I… I got it two weeks ago,” Jake stammered. “Why do you ask?”

“This looks like Yosef’s new bike,” Dovid said. “Someone stole it from my house a week ago.” He glared at Jake piercingly.

Jake looked down uncomfortably. “I took it from there,” he admitted quietly. “I’ll return it now. Please don’t tell Yosef.”

Dovid walked with Jake back to Yosef’s house. Jake put the bike quietly in the backyard.

A half hour later, Yosef heard a sharp “Crack!” from outside and then a bang. He looked out his window and saw that a tree had fallen down. Underneath, he spotted his new bike… mangled beyond repair. “How did the bike get here?” he cried out. Yosef called Dovid immediately. “You’ll never believe what happed!” he said excitedly. “Someone returned the bike to my backyard, but our tree broke and fell on it. It’s ruined now! I wonder who took it.”

“I have a clue,” said Dovid, “but I have to speak with Rabbi Dayan first.”

“All right,” said Yosef with a puzzled tone. “But let me know as soon as you can.”

Yosef walked over to Rabbi Dayan’s beis medrash. “Someone stole my friend’s bike,” he told Rabbi Dayan. “He returned the bike to my friend’s backyard, but a tree fell down and broke it. Is there a point in telling him who the thief was?”

“A person who steals something becomes fully responsible for it,” said Rabbi Dayan, “even if lost due to uncontrollable circumstances [ones]. The thief continues to be responsible until the item is safely returned to its owner.” (C.M. 355:1)

“Does the owner have to know it was returned?” asked Dovid.

“That depends on whether the owner knew the item was stolen,” answered Rabbi Dayan. “If the owner did not know the item was stolen, the thief is exempt once he returns the item to its place. However, if the owner knew the item was stolen, the thief remains responsible until the owner knows that the item was returned.”

“Why is there this difference?” asked Jake.

“The primary reason,” explained Rabbi Dayan, “is that the owner has to know to look after his item. If the owner was not aware of the theft, he will watch it now just as he did before the item was stolen. If he knew that it was stolen, though, he has to be made aware that the item was returned, so that he will resume looking after it [SM"A 354:1]. For example, had your friend known the bike was returned, he might have brought it inside his house.”

“So the thief remains obligated to pay for the bike?” asked Dovid.

“Yes,” said Rabbi Dayan. “If the thief doesn’t pay willingly, you should tell your friend who it was. Ideally, the thief should ask the owner for mechila, anyway.” (Rambam Hil. Teshuvah 2:5)

Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Bike Theft!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Terrorists attack Israeli soldiers with a Molotov cocktail in Arab village near Ramallah.
Palestinian Authority-American Shot Dead while Trying to Kill Jews
Latest Judaism Stories
Greenbaum-102414

Noach was the lonely man of faith living in a depraved world, full of wickedness.

Parsha-Perspectives-logo

Avraham became a great man during the 175 years of his life, while his predecessors became increasingly wicked, despite staggering knowledge, during their lifetimes of hundreds of years.

Rapps-Rabbi-Joshua-logo

Shem realized that he owed his existence to his father who brought him into the world.

Daf-Yomi-logo

Law-Abiding Citizen
‘That Which Is Crooked Cannot Be Made Straight…’
(Yevamos 22a-b)

The flood was not sent to destroy, but to restore the positive potential of the world.

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Why is there is no mention of dinosaurs, and other prehistoric animals, in the Torah?

Strict din demands perfection. There is no room for shortcomings and no place for excuses; you are responsible.

Surprisingly, my husband and one son arrived home over half-an-hour earlier than usual. I excitedly shared my perfect-timing story, but my better half one upped me easily.

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Boundaries must be set in every home. Parents and children are not pals. They are not equals.

Noah and his wife could not fathom living together as husband and wife and continuing the human race

The Babel story is the 2nd in a 4-act drama that’s unmistakably a connecting thread of Bereishit

Our intentions are critical in raising children because they mimic everything we parents do & think

A humble person who achieves a position of prominence will utilize the standing to benefit others.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Business-Halacha-logo

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev’s hand. It fell to the ground and a piece broke off.

Mr. Fisher contacted Rabbi Dayan. “Am I allowed to use money of ma’aser kesafim to pay the shul for an aliyah that I bought?” he asked.

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/bike-theft/2012/01/20/

Scan this QR code to visit this page online: