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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 (832)
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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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
