Chicken coop (photo: ShutterStock)
Walla!
Judaism in collaboration with the Chabad Halacha Institute in a fascinating weekly section - and this week: Will Haim, Dov's neighbor, who just did him a favor and looked after the house - have to pay for the great damage he unintentionally caused to Dov?
Background
:
Haim, Dov's neighbor, was asked by Dov to look after his house for a period of two months due to a trip abroad.
To this end, Dov gave his neighbor Chaim the keys to his house, while asking to keep an eye on the house and come in from time to time to see how things are, etc.
A few days later, Chaim entered Shimon's house for the first time, and saw that the refrigerator was plugged in and was working.
Haim opened the refrigerator and saw that there was nothing in it.
He saved his life at his neighbor's electricity bill and unplugged the refrigerator, without paying attention to check what was in the freezer compartment.
Two weeks passed and Haim entered Dov's house again.
Tshana greeted him.
A foul smell that could be smelled through the door of Deb's house.
Haim immediately went to the source of the smell, and then discovered that it was his stupidity that Rabba did not check the freezer compartment, which was full of frozen poultry, which two weeks later without electricity in the refrigerator - thawed, swelled and stinked up Dov's house.
He worked hard all his life to remove the fowls to the garbage, clean and wash the freezer and the rest of the house, while recording the amount of fowls that went to the trash, in order to tell Deb about it when he returned and pay him for the fowls that were damaged due to the refrigerator being disconnected from the electricity.
Two months passed, Dov did return from abroad and went to his neighbor Haim. Hela told him what happened, how he accidentally cut off the electricity in the refrigerator without checking the freezer and how he threw the smelly birds in the garbage, while accepting responsibility and promising to pay for the birds. When Dov heard this, he shouted bitterly and began to bury his head between his hands and cry bitterly.
Chaim, who didn't understand what happened (it's all poultry that went to the trash, right?) tried to comfort Dev, but what he heard from Dev left him pale as lime: before leaving, Dev hid tens of thousands of dollars inside the frozen poultry, which he used to keep with him in some corner of the house, but he didn't want to You took them abroad out of fear that they would steal them, so they buried them inside the frozen poultry, which now no longer exists at all.
The two went to the rabbi to check the extent of Haim's responsibility for the great damage done to Dev, when Dev claims that Haim, his neighbor, must pay him all the money, if Madin A 'keeper' or a 'harmful' feeder - doesn't matter so much to him... On the
other hand, Haim claims that he did not intend to harm Dov at all, and on the contrary - he did the entire power cut for the benefit of Dov, and he is even prepared for what came out of it (the damage to the birds) to pay, but not for what was in the poultry, which also sounds clearly improbable, and also did not happen on purpose. And
the question arises:
Will Haim the neighbor be exempt for the dollars that went along with his friend Dov's poultry, or will he commit to paying them to the last cent?
Answer in short:
Even in the event that there are witnesses (and when there are no witnesses) to the burying of the money in the poultry - Haim can be exempted from paying for the hidden money.
Answer in detail:
First of all, Haim should not be held liable for 'guardianship' when he did not actually receive guarding of the house but only bothered and entered to check the peace of the house. In order to commit to the laws of custodians, a Chaim must take it upon himself to be a custodian, which certainly did not happen here. And even if he is a custodian - he should be fired for such rape (and see what we wrote in the Chabad Halachic Institute's 'Shona Halakhot' bulletin , issue 618 in the 'Justice and Law' section, and AKML).
Although here the case is different, because although he is not a keeper and did not receive custody of it, he actually did harm with his hands by throwing the birds in his hands, and although he did not know about the contents of the birds, and it is clear to everyone that he would have known life from the contents of the birds, he certainly would not have thrown them, and certainly did not mean to - but Allegedly, it is still harmful in the hands, and apparently for that reason it must be charged.
But when there are no witnesses to the burying of the money in the poultry - can Chaim say to Dov 'I don't believe you did that, and in fact there was no money there at all' and this is because this is a very unusual act, and it is likely that no one would think that there should be dollars in the poultry (not just the story of Yosef Mokir Shabbat is defined conference'...).
Therefore, as long as Vedev does not present conclusive proof that there was money there, or brings witnesses - Haim will be exempt.
And even more, it seems to say that even where there are witnesses to the burial of the money or conclusive proof of this - Haim should not be held responsible for damages, and this is despite the fact that he allegedly did damage with his hands, and this is because there are judges who believe that when he did not intend to cause damage - he should be dismissed from a "hidden" liability (which was explained in detail In the Chabad Institute of Halacha's 'Shona Halakhot' bulletin, issue 598 in the 'Zedek and Mishpat' section, etc.
This means that a harmer is usually a person who comes to harm his friend and cause him grief - the exact opposite of what is being told here (that Haim the neighbor saved on his neighbor's electricity bill, and also later when he found out that he was actually wrong and did the harm - he tried to do good for his neighbor and cleaned and tidied up the house for him the smelly one, and he is even willing to pay for the damage he knew he did), and yet some say that anyone who did not intend to harm him - should not be liable for the things hidden inside other things that were damaged along with the things that were visible, just like with fire damage (there is an exemption for the hidden thing), that is Because he knew that there was money hidden inside the birds - surely he would not have thrown them away, and we would have meant for the good of his friend!
And therefore exempt.
(And although there are arbitrators who think otherwise - he can say 'Kim me' (I think) as the mitigating opinions. And there is still much to be said about this (is it really harmful or not, and maybe he is a guard and still exempt from such rape) and so on "To).
Sources: Shomrim: Shu'a Hom Rza S.A., ref. Skim 3, and see also in Sho'a Hom Sh3 SA. Harmful (and the connection to the law lies): Sho'a Ho" From Shachah SA-2, and in the Bnuk there, and see also in the sign Shephah SA, Arosh (ibid. 95), and see also in the Kohanal in the book of Shlomo's judgments, the book of the Book of Law Vol. 9, p. Shatz.
P.S. There is no halachic ruling in this section and one should contact the rabbi or the teaching house in each case on a case-by-case basis. Written by Rabbi Yitzhak Eitan Mizrachi, Chabad Halachic Institute. For comments: publish@smslarav.co. il
David Berger, submitted on behalf of Shuba Israel
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