web analytics
August 22, 2014 / 26 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Handing It Over

Business-Halacha-logo

At the conclusion of a morning class, Moshe turned to his classmate Yossi.

“I’m heading to a cousin’s bris and then going shopping,” he said. “Could you take my backpack home with you? I’ve got a new laptop in it. ”

“No problem,” said Yossi, taking the backpack.

During lunch break, Yossi met with some friends in the park. While they were eating, his father called, saying he was stuck with the car and needed help.

“I’ve got to run,” Yossi said to his friends. He turned to Nachman, who lived a few doors away from him. “Someone asked me to watch his backpack, with a laptop inside,” he said. “Can you please take it home? I’ll pick it up in the evening.”

“Sure,” said Nachman. “Give it to me.”

Yossi handed the backpack to Nachman, who put it down next to him.

While the group was sitting there, someone came from behind Nachman. He grabbed the backpack and fled. They jumped up and began to chase him, but the thief hopped on a bicycle and got away.

In the evening, Yossi came to collect the backpack. “I’m sorry, but a thief came and stole it,” Nachman related. “You can ask the rest of the group; they witnessed it with their own eyes.”

“You’re kidding!” exclaimed Yossi. “What am I going to tell Moshe?”

“You were an unpaid guardian [shomer chinam] and so was I,” replied Nachman. “Just say that an unpaid guardian is exempt from theft [C.M. 291:1]. Sorry about the loss, but there’s nothing to do.”

Yossi called Moshe. “Real sorry about the backpack,” he apologized. “I was at the park with some friends. My father needed help with his car, so I entrusted the backpack with one of my friends, Nachman, and it got stolen in broad daylight.”

“It was wrong of you to have given the backpack to Nachman,” Moshe said. “You were negligent. You’ll have to pay for the laptop.”

“How was I negligent?” replied Yossi. “Nachman’s a reliable fellow.”

“Why should I trust Nachman?” asked Moshe. “I barely know him.”

“But there were witnesses there,” said Yossi. “They’ll tell you it was stolen!”

“It’s still your fault,” argued Moshe. “Had you kept the backpack with you, it wouldn’t have been stolen.”

“That doesn’t make me negligent,” replied Yossi. “I entrusted the backpack to someone competent.”

“Well, let’s take it up with Rabbi Dayan,” Moshe said. Yossi agreed.

“I entrusted my backpack with Yossi,” Moshe told rabbi Dayan. “He handed it over to his neighbor Nachman, and it was stolen. Is Yossi liable for the backpack?”

“If there is no evidence to the theft, Yossi is liable,” answered Rabbi Dayan. “However, if there are witnesses to the theft, Yossi is exempt.”

“There is evidence of witnesses here,” said Yossi. “But why couldn’t Nachman swear the backpack was stolen, like other guardians?”

“The Gemara [B.M. 36a-b] discusses the case of a guardian who handed the entrusted item over to another guardian [shomer shemasar l'shomer],” explained Rabbi Dayan. “Rav exempts the initial guardian if the item was stolen, because he gave it to a competent person. However, the ruling is like Rav Yochanan, who obligates the initial guardian.”

“Why is he liable?” asked Moshe. “What is Rav Yochanan’s rationale?”

“This is a dispute between Abaye and Rava,” answered Rabbi Dayan. “Abaye explains that a person does not want his item entrusted with a third party. Thus, the initial guardian was inherently negligent in handing it over to another person. Rava, however, explains that although it was wrong to hand the item over to another person, this does not constitute negligence and does not make him liable. Rather, the first guardian is liable because the owner can refuse to believe the oath of the second guardian that the item was stolen, so the concern of actual negligence remains.”

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.

One Response to “Handing It Over”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
An IDF patrol along the Gaza border.
Ground Op on Horizon with Emergency Orders to 10,000 IDF Reservists
Latest Judaism Stories
Weiss-082214-Beloved

Hashem recalls everything – nothing is hidden from His eyes.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Lessons-Emunah-logo

An interview was overheard in which an Arab asked a Hamas commander: “What’s the problem? Why aren’t you hitting your targets? Don’t you know how to aim?” To which he was answered: “We know how to aim very well. We are experts. But their G-d moves the missiles.”

Daf-Yomi-logo

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

Rabbinic law is pivotal but it’s important to understand which laws are rabbinic and which biblical.

We give slave gifts? If he wants to stay, we pierce his ear?!

A bit of (non-Jewish) history can help us understand this week’s Torah portion: In the early 1500s, the Catholic church was being fundamentally challenged by movements which claimed it had monopolized religious power and used to enrich the church and its officials. The most radical of these movements were a particular sect of Anabaptists. Anabaptists […]

“When a mother plays with her child there is an acute awareness of the child. But even when the mother works at a job or is distracted by some other activity, there is a natural, latent awareness of her child’s existence.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

Business-Halacha-logo

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/handing-it-over/2014/02/06/

Scan this QR code to visit this page online: