web analytics
August 23, 2014 / 27 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



My Loss Or Yours

Business-Halacha-logo

Dan and Shai were standing in the train station. They had just finished a shopping spree and each carried a bag, which they put down next to them. “I got a gift for my parent’s anniversary,” said Shai. “It cost quite a lot, but it’s a very special occasion.”

As the train approached, two youths came up behind them. The youths grabbed the bags and began running away.

Dan and Shai, who were both trained in martial arts, were not cowed and immediately began chasing them. Dan was faster and had almost caught up with the two youths. The two split apart, one escaping to the right the other to the left.

Dan instinctively veered left, chasing his own bag. He realized, though, that Shai’s bag contained much more valuable items.

“Should I forget about my bag and try to save Shai’s bag?” Dan thought to himself. He made a split-second decision to do that and work it out with Shai afterward. He turned right with a burst of speed and continued chasing the other youth holding Shai’s bag. The youth, realizing he was about to be caught, dropped the bag and fled down a stairway.

Dan retrieved Shai’s bag and recovered his breath. Shai caught up with him and congratulated him for retrieving the bag. “Thanks for getting my bag back!” he said. “What about your bag, though? It looks like the other guy got away.”

“I could have caught him, but realized that your bag was much more valuable,” Dan said. “I was hoping you would reimburse me for my loss.”

“I really appreciate that you saved my bag, and will give you something for having chased the thief,” said Shai. “I just spent a tremendous amount on the gift, though, and can’t afford to cover your shopping also. It was your decision to give up your bag and save mine. Besides, I was also chasing them and had alerted the police, so we might have caught the thief, anyway.”

“I went after your bag assuming that you’d compensate me for my small loss, rather than risk losing your whole bag,” responded Dan. “And it’s not likely that you or the police would have caught him in time.”

“I hear what you’re saying,” said Shai. “Let’s ask Rabbi Dayan tomorrow in shiur.”

The following morning, Dan raised his hand in shiur. “We had a fascinating monetary question yesterday,” he said. He related the story, and asked: “Was I supposed to have chased after Shai’s bag? What about my loss?”

“There is a mitzvah of hashavat aveida,” replied Rabbi Dayan, “but if you are faced with your own loss and that of another, you are not obligated to retrieve your friend’s loss, even if far greater than your own. However, it is proper to consider your friend’s need.” (C.M. 264:1)

“If I chose to do so,” asked Dan, “does Shai have to compensate me for my loss?”

“That depends on the circumstances,” answered Rabbi Dayan. “If Shai was present and you went ahead and saved his item without saying anything to him, he is not obligated to cover your loss, only to pay the value of your service in saving his bag. However, if you stipulated that he should cover your loss, Shai must pay the full value of your loss. In addition, he cannot claim afterward that his bag might have been recovered by the police.” (B.K. 115b; C.M. 264:3-4)

“What if Shai was not present when I decided to save his bag?” asked Dan.

“You can stipulate before a beis din or three other people,” said Rabbi Dayan. “If neither Shai nor others were available, or if time did not allow this, it is assumed that the friend would agree to cover the loss, as if stipulated.” (Rama 264:3; SM”A 265:8)

“If the police later recover Dan’s bag,” asked Shai, “I assume I would not have to pay anything even if he stipulated?”

“Actually, you would still have to cover his initial loss,” said Rabbi Dayan.

“Why is that?” asked Dan.

“When the thief took Dan’s bag and ran off, it’s as good as lost, and becomes hefker,” explained Rabbi Dayan. “Therefore, you have to pay for it, in accordance with the agreement. Even if the police recover the bag and return it, it’s like Dan acquired it anew from hefker.” (See Pischei Choshen, Aveida 8:1])

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 “My Loss Or Yours”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Katyusha strike in upper Galilee August 23, 2014.
2 Israelis Wounded in Grad Missile Attack on Be’er Sheva, Katyusha Attack from Lebanon
Latest Judaism Stories
Parsha-Perspectives-logo

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

PTI-082214

Who does not want to get close to Hashem? Yet, how do we do that?

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.

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.”

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?!

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/my-loss-or-yours/2013/01/10/

Scan this QR code to visit this page online: