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- P'ninat Mishpat
Acharonim present two explanations for this rule: 1) Since the shomer was to a significant degree negligent, he cannot claim exemption due to oness. 2) At the time that he was negligent, the shomer became provisionally obligated to pay unless he would succeed in returning the object intact. Upon failing to do so, even if it ended up being due to oness, he pays based on the earlier obligation.
To better understand the explanations, we will discuss two Talmudic cases in this context. The gemara (Bava Metzia 36a) deals with a shomer who allowed an animal to run free, but instead of being stolen, it died of natural causes. Although this seems like a classic case of tbpvsb, the gemara cites different opinions on the matter. Abayei said he is obligated because "the air of the meadow killed it." Rava says he is exempt because "the angel of death does not care if it is here or there." It follows that, according to Rava, there has to be some circumstantial connection between the negligence and the eventual death.
The gemara (ibid. 93b) discusses a shepherd who left his flock and came to town, during which time wild animals killed some sheep. The shepherd must pay because of tbpvsb. The Rif says that this gemara follows Rava’s approach. Abayei would not agree with this conclusion because the shepherd’s absence did not have an impact on the outcome, even coincidentally. The Ra’avad says that even Abayei would agree with the latter gemara because, had the shepherd been there, he might have been possessed with a spirit of bravery and saved the sheep (see Rosh, Bava Metzia 3:9).
The Gilyon Maharsha (CM 291:9) says that the above machloket depends on the two approaches to tbpvsb. If the idea is that we consider that there was p’shi’ah based on what he did in the beginning, this would apply only when there is some connection between the original p’shi’ah and the eventual damage. If the idea is that an obligation is created that remains until the object is returned safely, then even if the cause for it not returning is unrelated to the shomer’s negligence, he still must pay.
P'ninat Mishpat (835)
Various Rabbis
90 - Damage to an Illegally Parked Car
91 - Laws of Shomrim Watchmen
92 - A Shomer Who Gave to Another Shomer
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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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
