web analytics
August 21, 2014 / 25 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



Screen Smasher

Business-Halacha-logo

Shmuel Bender and Asher Beckerman were study partners (chevrusas). They also sat next to each other in shiur. Shmuel felt fortunate to have the privilege of learning with Asher, whom he admired greatly.

One day in shiur, Rabbi Nussbaum posed a difficult question to the students. Asher raised his hand and provided the answer.

“Excellent!” exclaimed Rabbi Nussbaum. “Let’s now explain in detail what Asher answered.” He then proceeded to elaborate upon the idea for the students.

Asher typed away on his notepad, taking notes as Rabbi Nussbaum talked. Shmuel reached over good-naturedly and slowly began to shut the screen of Asher’s computer. “You don’t need to take any notes,” he said. “You already know the whole shiur!”

Asher instinctively shot his hand out to keep the screen open. His hand accidentally hit the left side of the screen with force. The edge of the screen blackened and lost its display.

“Look what you did!” Asher complained to Shmuel. “You ruined the screen!”

“Shake the screen,” someone suggested. Asher shook the computer, to no avail.

“Sorry, I didn’t mean to do that,” Shmuel said. “Try shutting the computer and starting it again; maybe it will come back.”

Asher shut his notepad and restarted it. The screen flickered to life, but the left third remained damaged with black and white lines running from top to bottom.

Shmuel peered over at the screen. “Maybe I can adjust the screen window,” Asher said. He adjusted the window of his Word program and was able to move it into the usable part of the screen.

Shmuel’s mind wandered regretfully for the remainder of shiur. When shiur was over, he meekly asked Asher, “Is the computer usable?”

“I can use the computer like this for programs and dialogue boxes,” Asher said. “But it cuts down the window size significantly and is very inconvenient to use.”

“Can you get the screen fixed?” Shmuel asked.

“I suppose I can replace the screen,” said Asher. “l’ll have to bring it in.”

“Do you know how much it costs?” asked Shmuel.

“About $100,” said Asher. “It also means that I don’t have the computer for a week; that’s also a problem.”

“It really was an accident,” said Shmuel. “I wasn’t trying to do any damage.”

“I don’t know think that makes a difference,” said Asher. “You had no right to touch my computer.”

“True,” replied Shmuel, “but I didn’t damage the screen; you did when you hit it!”

“But you made me hit it,” responded Asher. “It’s clearly your fault that I damaged the screen!”

“I acknowledge that it was wrong of me to touch your computer,” said Shmuel, “but that alone doesn’t make me liable for damage that you did.”

“It’s not just that you touched my computer,” argued Asher. “You startled me and caused me to shoot my hand out instinctively.”

Later that week they saw Rabbi Dayan in the beis midrash. “Here’s our chance to resolve our issue,” Shmuel said to Asher. “Let’s ask Rabbi Dayan!”

Shmuel and Asher sat down with Rabbi Dayan and related what happened.

“It is important to distinguish between actively damaging,” replied Rabbi Dayan, “and causing damage.”

“A person who actively damages another’s property is liable even if the damage was unintended and not willful,” explained Rabbi Dayan. “He is even liable if the situation was not completely under his control.” (C.M. 378:1)

“On the other hand, a person who did not actively damage, but only caused damage indirectly, is not legally liable according to most authorities,” continued Rabbi Dayan. “This is called grama, causation. Frightening someone without physical contact and causing him to become sick or injure himself is considered grama.” (420:32; Rama 386:3; Shach 386:24)

“It seems strange that there is never legal liability for causing damage,” said Asher.

“A person is liable for inevitable, immediate causation or for certain common cases,” replied Rabbi Dayan. “This is called garmi, but it requires a separate, extensive, discussion.” (386:1)

“So then I don’t have to pay for the screen?” asked Shmuel.

“Although grama is not legally obligated, the Gemara (B.K. 56a) notes that there is a strong moral responsibility to pay, chayav b’dinei shamayim,” replied Rabbi Dayan. “According to some authorities the person is considered wicked if he doesn’t pay. However, this applies only when he intended to damage or should have considered the outcome, not when unexpected damage occurred accidentally.” (Shach 32:2; Pischei Choshen, Nezikin 3:39)

“Thus, although Shmuel had no right to touch Asher’s computer, he did not intend to damage nor did he have reason to expect damage to ensue to the screen,” concluded Rabbi Dayan. “Therefore, he does not have to pay Asher for the screen. Nonetheless, it is derech eretz to chip in partially for the repair as a means of appeasing Asher.”

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.

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 “Screen Smasher”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
landingt Schedule Aug 21 2014
Live Update: Despite Hamas Threats, Planes Landing at B-G Airport (Last Update: 8:01am)
Latest Judaism Stories
Azrielli Tower - Shema Yisrael

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 […]

Leff-081514

“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.

Business-Halacha-logo

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

The-Shmuz

While it’s clear to you and to me that a 14,000-pound creature can easily break away from the light ropes holding it, the reality is that it cannot.

An Outcast
‘He Shall Dwell Outside His Tent’
(Moed Katan 7b)

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

Menachem
Via Email

Based on the opinion of the Ramban, the Territorial School believes that leaving any territory of the Land of Israel in the possession of non-Jews is a violation of a biblical mandate.

“But they told me to come in today,” she said. They gave me this date months ago. It’s not my fault if it’s the wrong day.”

Tosafos there takes issue with Rashi’s view that the letters that are formed in the knots of the tefillin are considered part of the name of Hashem.

Blind obedience is not a virtue in Judaism. God wants us to understand the laws He has commanded us

What does Hashem want of us? That we should protect each other and the awesome heritage He gave us.

Israel is the only place where we have the potential to fulfill our mandate as the chosen people.

The innkeeper smiled and replied, “Why do you think we are dancing? We are dancing because G-d destroyed the Bais HaMikdash!”

One of the manifestations of the immature person is a sense of entitlement.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

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

Business-Halacha-logo

“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?”

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

    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/screen-smasher/2012/03/14/

Scan this QR code to visit this page online: