web analytics
July 29, 2014 / 2 Av, 5774
Israel at War: Operation Protective Edge
 
 
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



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.

SocialTwist Tell-a-Friend

Current Top Story
Israeli Prime Minister Binyamin Netanyahu and U.S. Secretary of State John Kerry, dining at the Prime Minister's residence, Jan. 4, 2014.
Is the US Furious Over ‘Israeli’ Criticism of Kerry?
Latest Judaism Stories
Weiss-072514

Just as the moon waxes, wanes and renews itself, so has the nation of Israel renewed itself through the millennia.

126_masei_web

Parshat Masei: Rabbi Fohrman addresses the age-old question, are we our brother’s keeper?

Hertzberg-072514

When Germany invaded neutral Belgium on August 4, England declared war on Germany. Thus, by the end of the first week of August all the major powers of Europe were at war.

Winiarz-072514

The Talmud teaches that the Beis HaMikdash was destroyed because of baseless hatred.

When taking any major step in life it is a good idea to carefully re-evaluate one’s past.

Ours is a small and intensely vulnerable people. Inspired, we rise to greatness. Uninspired, we fall

The enormity of Hiram’s accomplishments crazed him and deluded him into self-deification.

When Hashem first thought (if it could be) about creating the world, the middah of din was in operation.

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

It was found to be a giant deer tick living in her head – with its claws in her scalp.

While daydreaming about finding the perfect job, I never expected to be rewarded in spades for my aforementioned experience.

We are all entrusted with the mission of protecting our fellow Jews

Today, we remain Hashem’s nachal.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“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.”

Business-Halacha-logo

“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?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

    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/pull-out-or-push-over/2013/11/27/

Scan this QR code to visit this page online: