web analytics
May 24, 2013 /15 Sivan, 5773
At a Glance
Judaism
Sponsored Post
The Tosfos Yomtov was convinced that the death of 300,000 –600,000 Jews during the Chmielnicki massacres of 1648-49 were because of improper Tefila. Communicated: Tefilla

Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.



Does Borrowing Pay?


tell a friend
Choshen-Mishpat-logo

“Pesach is just around the corner,” was Mrs. Adler’s motto. She began planning right after Tu B’Shevat, started cleaning after Purim, and limited food to the kitchen from Rosh Chodesh Nisan.
The star of Pesach cleaning was her trusted Hoover canister vacuum cleaner. Mrs. Adler ran it over the carpets and wooden floors, poked it into all the cabinets and every nook and cranny, and left not a speck on the couch and beds. It was the most expensive model, but its powerful suction and versatility made it worth the cost, for Pesach.
One morning, while Mrs. Adler was vacuuming, the doorbell rang. “C’mon in, Sally” she called to her closest neighbor, Sally Baum, who lived down the hall.
“How’s Pesach coming along?” asked Mrs. Baum.
            ”So far, I’ve managed to keep on schedule,” replied Mrs. Adler. “I hate the last minute rush.”
“Any new tips?” asked Mrs. Baum.
“Sure,” said Mrs. Adler. “Here’s one from ‘Better Homes and Gardens’ about removing oil stains from stovetops. Here’s another one I found online about washing sweaters without pilling.”
“I just wish I had a better vacuum,” lamented Mrs. Baum. “Mine works on the carpet, but not on fabrics and hard surfaces.”

“Mine is great,” glowed Mrs. Adler. “I’m using it now, but you can borrow it tonight.”

In the evening, Mrs. Baum sent her son to pick up the vacuum. “Don’t forget to say, ‘Thank you,’ ” she reminded him.
Armed with the vacuum, Mrs. Baum went around the edges of the rooms and poked with the crevice tool behind the cabinets. She started to clean the couch.
“Hi, Sally,” she heard her husband’s voice.
Mrs. Baum looked up. “Welcome home,” she replied. “You know that Mrs. Adler always says, ‘Pesach is just around the corner.’ Well, now it really is.”
“Where’s that fancy new vacuum from?” inquired her husband. “You know that we have more urgent expenditures for Pesach.”
“Don’t worry,” laughed Mrs. Baum. “I didn’t spend a penny; Mrs. Adler was kind enough to lend us hers for the evening. Come have supper.”
After supper, Mrs. Baum continued vacuuming. Without warning, the vacuum suddenly sparked and the electricity blew. “What happened?” called out Mr. Baum. “I’m not sure,” answered his wife. “It seems that the vacuum blew the fuse.”
Mr. Baum unplugged the machine and replaced the fuse. “That was strange,” he said. “We never have problems with the electricity.”
“Back to work,” said Mrs. Baum as she plugged the vacuum in. She pressed the button but nothing happened. She pressed again, with no response. She tried a different outlet; still nothing.
“The motor died,” groaned Mrs. Baum. “How am I going to face Mrs. Adler? She relies on this machine for everything!”
“We’ll have to buy her a new one,” said her husband. “We can’t afford this now, but we have no choice.” Mrs. Baum walked down the hall to the Adlers with the broken vacuum and $500.
Mrs. Adler greeted her, “Finished already Sally? You’re fast.”
“I’m really sorry, but the vacuum broke,” said Mrs. Baum.
“Please tell me you’re kidding.” said Mrs. Adler. “I’ll never manage without it.”
“Really, it’s broken,” said Mrs. Baum. “I was using it and it just went. But I brought you money to buy a new one.”
Mr. Adler walked over. “Is there a chance that you overtaxed the machine? Sucked up something that clogged the airflow?”
“No,” said Mrs. Baum. “I was using it normally. But what’s the difference? When you borrow something you’re responsible no matter what.”
“That’s usually true,” said Mr. Adler. “However, I remember learning that if the item breaks or dies through normal usage the borrower is exempt. I’ll ask Rabbi Dayan at the Daf tonight.”
After the Daf, Mr. Baum walked home with Rabbi Dayan and asked about the vacuum. “You are correct,” replied Rabbi Dayan. “When you borrow something you are responsible even for freak accidents, but if it dies or breaks on account of the work for which it was borrowed – you are exempt. This is called ‘meisah machmas melachah‘” (C.M. 340:1).
            “Why should this be?” asked Mr. Baum.
“The Gemara (B.M. 96b) explains that the owner lent the item with the understanding that it be used; therefore, he accepted the consequences of this usage,” answered Rabbi Dayan. “However, there are two caveats. First, the borrower is exempt only if he used the item for the purpose for which it was lent, but if he used it in even a slightly different manner he is responsible. He does not need to buy a brand new machine, though, but only to pay for the actual loss (344:2).”
“The second caveat,” continued Rabbi Dayan, “is that the borrower must prove with witnesses or take a solemn oath in beis din that the item broke during the course of work to be exempt, unless the lender completely trusts him” (344:1).

“Thus, if you trust Mrs. Baum that the vacuum died during routine use, she is exempt,” concluded Rabbi Dayan. “If she wants to pay something as a neighborly gesture, that’s fine, but it’s important to know the halacha.”

 

Rabbi Meir Orlian is a member of the Business Halacha Institute faculty, which is headed by HaRav Chaim Kohn, shlita, a dayan in Brooklyn, N.Y. The Institute provides a wide range of services related to money and property issues, including weekly classes for businessmen in various cities.

For questions regarding halachic monetary issues or to bring BHI to your synagogue please call 877-845-8455 or e-mail ask@businesshalacha.

tell a friend

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.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Anthony Weiner courting voters outside a Harlem subway station.
Harlem Voters Remain Calm Facing Hurricane Anthony
Latest Judaism Stories
Leff-052413

Do you say Shema before you go to sleep? I’m sure you do.

But perhaps you, like many, feel too tired at night to say the entire tefillah of Kri’as Shema as it appears in the siddur. If you do say the entire tefillah, you will recognize a pasuk in this week’s Haftorah. And if you don’t say the whole Kri’as Shema al Hamitah, perhaps after this column, you’ll re-consider and find yourself connecting with the following very comforting pasuk.

Niehaus-052413

The sand is rapidly running through the hourglass, as the centrifuges in the secret Iranian nuclear plants spin furiously. It is quite clear that the Iranians are on the brink of attaining nuclear capability, and we are well aware of the danger that would face Klal Yisroel in that event, chas v’sholom. All the sanctions, threats, and computer worm attacks do not seem to be stopping them, and it is terrifying. And when we see how vulnerable we are to terrorist attacks anywhere in the world, we become even more terrified.

The-Shmuz

Miriam spoke disparagingly about Moshe Rabbeinu. Because of this, she contracted tzaras, and for seven days she was sent outside the camp of Israel.

Business-Halacha-logo

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Question: The Midrash notes that the song the Jews sang after they crossed the Red Sea (“Az Yashir”) was unique; its likes had never been heard before in the world. Our Sages even refer to it as a shirah chadashah, a “new song.” What made “Az Yashir” so unique and in what sense was it a “new song”?

The rav was not a wealthy man, but earned enough to live comfortably. He earned his money by serving as the rav of a religious community in Yerushalayim. He also received some royalties from sefarim he had written over the years. He was well known, and many people approached him for a berachah, advice and help. They were not turned away.

Tanach, the Hebrew Bible, is remarkable for the extreme realism with which it portrays human character. Its heroes are not superhuman. Its non-heroes are not archetypal villains. The best have failings; the worst often have saving virtues. I know of no other religious literature quite like it.

Last week I shared a letter from a newly observant Jewish woman. She and her husband reside in a small suburban community outside of Los Angeles. Last year they came to consult with me on a personal religious issue. While they were both ba’alei teshuvah, there was one fine difference between them. He had become a ba’al teshuvah earlier than she and was therefore somewhat more settled in an observant lifestyle.

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Business-Halacha-logo

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

The winter was over, and the days began to get longer and warmer. The sun shone brightly in clear skies, grass and flowers were blooming, and the trees were producing layers of green foliage.

Pleasantville was a quiet suburban town with large properties and curving roads that wound around them. Mr. Feder lived just behind the local shul. Since the road wound around his property, people coming to shul on Shabbos would often take a shortcut through his property to walk to shul. The treaded area of earth marked the place where people made their way weekly. The through traffic did not bother Mr. Feder, as his house was on the other end of the property. He never made a fuss about it, but had never officially sanctioned this public shortcut.

Betzalel was a “fix-it” man who enjoyed carpentry as a hobby. He did many home improvements himself, which he found both economical and enjoyable. He was now building a swing set for his children, happily sawing, drilling, hammering, and bolting the pieces.

For a number of years Mrs. Baum hadn’t worked but instead stayed home watching her young children. As their youngest child approached pre-school age, she decided to enter the work force again. Half a year before she planned to return to work, she began sending out resumes, networking and speaking with potential contacts.

“Tonight is Bernie’s birthday,” Jeremy said to his friend, Adam. “We’re planning a surprise birthday party for him. Would you like to join?”

Congregation Toras Yisrael decided to hold a learning program on Friday morning, Chol Hamoed Pesach. Two weeks before Pesach, the gabbai in charge of the program discussed possible guest speakers with the shul rabbi, Rabbi Brick.

    Latest Poll

    Which is the most beautiful location in Jerusalem?









    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/does-borrowing-pay/2010/03/11/

Scan this QR code to visit this page online:

Close