web analytics
July 29, 2015 / 13 Av, 5775
At a Glance
Judaism
Sponsored Post


Pull Out Or Push Over

Business-Halacha-logo

“Arnie, can you please take the garbage out?” Mrs. Weiner asked her husband. “Tomorrow morning is pickup.”

Mr. Weiner tied the garbage bag and took it out – and saw that his garbage can was missing.

He put the bag down and looked for the missing garbage can. “Could it have rolled out to the street?” he said to himself. He checked the front of the house, but there was no garbage can there. He walked to the back of the house, but it was not there.

Finally, he spotted the garbage can. Their neighbor, Mr. Fixler was doing repairs on his house. He’d used a heavy wood board to make a platform and had propped it up with two garbage cans, the Fixlers’ and the Weiners’.

“What chutzpah!” Mr. Weiner exclaimed. “He had no right to use my garbage can without asking. It’s not the first time he’s used our things without permission.”

Mr. Weiner walked over to the garbage can and pulled it out from under the board. The board fell to the ground with a thud and split.

“Serves him right!” said Mr. Weiner. “I’ve warned him a hundred times not to take my things without permission!”

When Mr. Fixler returned, he saw that his board had fallen and split. “Do you know who broke my board?” he asked Mr. Weiner.

“Nobody broke it,” replied Weiner serenely. “I took my garbage can out from under; the board fell and split.”

“So you broke it!” shouted Mr. Fixler. “That was a solid wood board; it cost me 50 dollars.”

“It’s your fault,” replied Mr. Weiner. “You had no right to use my garbage can to prop your board. I warned you about this many times.”

“That still doesn’t give you a right to destroy my board,” retorted Mr. Fixler. “You should have been careful.”

“Had you not taken my garbage can without permission,” said Mr. Weiner hotly, “this never would have happened!”

“I acknowledge that it was wrong of me to take your garbage can,” said Mr. Fixler, “but that doesn’t give you a right to damage my property. You could have propped the board with something else or lowered it gently.”

“Why should I have to do that?” insisted Mr. Weiner. “You misappropriated my garbage can; I reclaimed it. Any ensuing damage is your fault for having taken my garbage can. ”

“Two wrongs don’t make a right,” said Mr. Fixler. “I acknowledge I was wrong to take your garbage can, but I didn’t damage it; you damaged my board! I want to ask Rabbi Dayan about this.”

“Fine,” said Mr. Weiner. “I have no doubt he’ll say it’s your problem.”

They came to Rabbi Dayan. “I used Mr. Weiner’s garbage can to prop my board,” said Mr. Fixler. “He pulled the can out and my board fell and smashed. He owes me 50 dollars for the board.”

“I didn’t touch his board,” argued Mr. Weiner. “I simply removed what was mine!”

“Without doubt, Mr. Fixler was wrong to use the Weiners’ garbage can,” ruled Rabbi Dayan. “However, since Mr. Weiner could have removed his garbage can and propped the board with something else or lowered the board gently, he is liable for the damage to the board.”

“Why is that?” asked Mr. Weiner.

“The Gemara [B.K. 28a] teaches that even when a person can take the law into his hands to protect his property, he may not do so in a manner that damages the other person’s property unnecessarily,” explained Rabbi Dayan.

“For example, if one animal jumps on another and attacks it, the owner can pull his animal out or remove the attacking animal. Nonetheless, if he can remove the attacking animal gently but shoves it off and injures it, he is liable.

“The Rosh extrapolates from this to a case in which someone steadied his barrel with another person’s stone. The second person removed his stone; the barrel then rolled and broke. The Rosh holds him liable for the barrel, since he could have replaced his stone with another one, to prevent the barrel from rolling. Here, too, you could have propped the board with something else or lowered it gently.” (C.M. 383:2)

“What if I needed the garbage can and could not easily find something to replace it?” asked Mr. Weiner. “I’ve got a bad back and a hernia. I can’t lower the board easily.”

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 “Pull Out Or Push Over”

Comments are closed.

Current Top Story
The White House will free Pollard but bar him from traveling to Israel for five years.
US Won’t Let Pollard Out of Country for Five Years
Latest Judaism Stories
Moses and the Ten Commandments,

The 10 Statements main point was not content but the encounter between G-d & His nation, Israel

Torat-Hakehillah-logo-NEW

Before going in, I had told R’ Nachum all of the things we were doing in Philly, and how it was very important to receive a good bracha on behalf of our newest venture, a Russian Kollel.

Q-A-Klass-logo

Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?

Zvi Kirschner
(Via E-Mail)

(JNi.media) Tisha B’Av (Heb: 9th of the month of Av) is a fast day according to rabbinic law and tradition, commemorating the destruction of the First Temple in 586 BCE by the army of Nebuchadnezzar, king of Babylon, and the destruction of the Second Temple in the year 70 CE by the Roman army led […]

Devarim often parallels the stories in Bereishit but in reverse & can be considered as a corrective

‘Older’ By A Month
‘…Until The Beginning Of Adar’
(Nedarim 63a)

We realize how much we miss something only after it’s gone.

Because the words of Torah gladden the heart, studying Torah is forbidden when Tisha B’Av is on a weekday, except for passages in Scripture that deal with the destruction of the Temple and other calamities.

On Super Bowl Sunday itself, life seems to stop. Over one hundred million people watch the game. About half of the households in the country show it in their living rooms and dens.

Moses begins Sefer Devarim reviewing much of the 40 years in the desert & why he can’t enter Israel

While they are definitely special occurrences, why are they cause for a new holiday?

Torah wasn’t given to be kept in Sinai; Brooklyn or Beverly Hills-It was meant to be kept in Israel!

“When a king dies his power ends; when a prophet dies his influence begins” & their words echo today

In addition to the restrictions of Tisha B’Av, there are several restrictions that one may not perform during the week that Tisha B’Av falls in.

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

The two decided to approach Rabbi Dayan. “What is the halachic status of conquered territory?” asked Shalom.

Business-Halacha-NEW

“Does that mean a person can simply renege after payment was made?” asked Benjy incredulously.

“But I’m already dwelling in the apartment,” said Mr. Gold. “Shouldn’t that count? I’m no worse than a neighbor!”

“Is there a difference between rescuing and other services?” asked Ploni.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

“Is the invoice signed by the students?” asked the principal. “They said they didn’t get the pizza.”

“The answer depends on the terms of the purchase agreement and local customs,” replied Rabbi Dayan.

“I wasn’t really thinking,” replied Levi. “Things in the backyard usually don’t need watching. I also didn’t expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/pull-out-or-push-over/2013/11/27/

Scan this QR code to visit this page online: