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The Rosh (Bava Metzia 3:21) cites the Ri Abartzaloni, who says that one must put money in the ground only in a time when thieves are prevalent, but not in "our days." The Rosh brings support from the Yerushalmi that says that it is enough for a shomer to put the item where the shomer places his own things. The Ramban qualifies that this is only if he puts things in normal locations. The Rambam (ibid.:4) does not mention the Ri Abartzaloni’s idea, prompting the Beit Yosef to assume he disagrees. The Maggid Mishneh says that the Rambam agrees that one gives an object to be watched based on the assumptions of his time and place.
The Netivot Hamishpat (291:24) says that a shomer chinam is not required to act on the shemira but just to put the object in a safe place. He brings two applications to this distinction. The Machane Ephrayim (Shomrim 38) says that a watchman, during the time the object is under his watch, is not considered the owner’s worker. This makes a difference regarding the law of shemira b’ba’alim, that if one is working for the shomer at the time he started watching, the normal obligations do not apply. This approach also justifies the Maggid Mishneh (Sh’eilah 7:11) that a shomer chinam cannot back out of his responsibility to watch, as opposed to a shomer sachar (paid watchman) who can, because any worker has to be able to stop working.
Regarding a shomer sachar’s obligation if the object is stolen or lost, Tosafot (Bava Kama 57a) asks why he is exempt only if there was an armed robber and not if a particularly talented robber steals it. They answer that we learn from the p’sukim that the Torah obligated a shomer sachar when there is a robbery except in a defined case which is under the category of shvuya. Apparently, they posit that a shomer sachar is obligated for the action(s) of watching, and we say that if the object was stolen or lost we consider that there was not proper watching. Only when it was taken by force do we not attribute the loss to the actions of the shomer. According to this approach, there is a machloket as to when an oness (extenuating circumstance) occurred to the watchman (e.g., he became suddenly sick), not the object. The Nimukei Yosef exempts him because he was unable to watch; the Rashba obligates him if the object was stolen. Tosafot elsewhere (Bava Metzia 42a) says that regarding any oness, even one that resulted in regular robbery, a shomer sachar is exempt. The Shulchan Aruch (CM 303:2) and Netivot Hamishpat (ad loc.:2) accept the first opinion; the Shach (ad loc.:4) and Gra hold like the second Tosafot.
P'ninat Mishpat (829)
Various Rabbis
97 - Damage Payment for One Who Hit Another
98 - The Proper Level of Shemira
99 - Damage to an Illegally Parked Car
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P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
