YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer:We will divide this question into different possible models of business interaction and analyze each one according to its halachic logic and sources. Was Shimon acting as a shaliach (agent), for free or, more likely, for some form of profit, on behalf of you or Levi? Was Shimon acting as a business, which paid Levi for oil and its delivery to destinations of his choice, and received money from you and others for assuring the same?
If Shimon was a shaliach, you have a natural obligation toward Levi for giving you his oil at your request (through the agency of Shimon), and the question is whether anything exempts you. The mishna (Bava Metzia 98b) says that if Gad decides to borrow an object from Asher and tells Asher to send it to him by means of Yisachar, then once it enters Yisachar’s hands, Gad assumes full responsibility for it. If Gad did not instruct him whom to send it with, then Gad is not responsible for it until it enters his possession. The poskim (see Beit Yosef, Choshen Mishpat 121) apply this gemara to sending payment for a loan through a courier. Similarly, in this case, if Shimon served as your agent to bring your money to Levi and instruct him to deliver oil to you, then if Shimon stole the money, he stole it from you, and there is nothing to exempt you from owing Levi. However, if Shimon served as Levi’s agent to arrange for his sales and collect his charges, then once Shimon received the money, it is as if you had paid Levi, and the fact that Levi’s representative pocketed money coming to him is Levi’s problem.
Let us consider the possibility that Shimon is a business entity, serving as a middleman. Then, he would have two business relationships: between you and him and between Levi and him. If so, he got what he wanted from you (the money) and provided you with the service you deserved (a delivery of oil). Shimon’s lacking was in his relationship with Levi. He received what he requested from Shimon (oil for his customer) but did not keep his part of the deal with Levi (paying him). It follows then that he stole from Levi, not from you, and Levi has to deal with that.
But don’t you owe Levi because you benefitted from his oil? Consider the following case in the gemara (Bava Metzia 76a). If Dan had Naftali work in Zevulun’s field under Dan’s responsibility, Dan has to pay Naftali at the rate they discussed, and Zevulun has to pay Dan for the benefit Dan brought him (which might be less than what Dan promised Naftali). Zevulun does not have a direct obligation to pay Naftali even though Naftali did the work in his field. Although if Dan runs away, Zevulun will have to pay Naftali for his benefit, that is because there is no reason for him to benefit for free while Naftali remains uncompensated. In contrast, in your case, you already paid for the benefit you received, and Levi has to go after the person who was responsible for his payment.
We cannot give a ruling without hearing both sides, but we suggest to you the following. Because you might not be able to determine which of the models applies to your case and because it seems mentchlach, we recommend that you offer Levi that, if the money is not recovered, you will pay him a sizable minority of the money he has lost.
Bemare Habazak - Rabbis Questions (654)
Various Rabbis
43 - Shemoneh Esrei With the Chazan?
44 - Making Up the Money Absconded by a Middleman
45 - Wearing a Reflective Armband on Shabbat Without an Eiruv
Load More
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
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.
