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[Reuven worked for Shimon, providing whatever services Shimon requested of him on an ongoing basis for three rubles a week. Shimon gave Reuven "depositin" (it seems that it is some type of open bank notes) to deliver to a third party, and they were lost along the way. Shimon is not suspicious that Reuven stole them or that he was negligent with them. Is Reuven responsible for their disappearance?]
There are two possible reasons to obligate Reuven. One is that since the notes were given open (i.e., not in a sealed envelope or bound together), Reuven could arguably have used them and replaced them with an equivalent. In that case, it is considered as if he borrowed the money, in which case he has to pay back what he borrowed even if the original money was lost without his negligence (see Bava Metzia 43a). However, this does not apply to a messenger, as he is to deliver the money as is (see Shulchan Aruch, Yoreh Deah 169:16). There is another distinction, between a money changer and other people who receive money to hold, but it seems, in opposition to what the Shach (Choshen Mishpat 121:35) says, that even a money changer cannot use the coins and replace them if he was given them to deliver. The Beit Shmuel (35:9) says that if Levi is given Yehuda’s money by Yehuda’s messenger and Levi uses it for kiddushin, the kiddushin is valid if Yehuda does not particularly mind that it was used in that way. While this seems to indicate that the messenger can use the particular coins as he sits fit and then is obligated to replace them, this is difficult and is contradicted by the Beit Yosef.
However, Reuven is still liable for the loss of the notes because he has the status of a shomer sachar (a paid watchmen). It is true that Reuven was not paid specifically for doing the courier service with the coins, but rather was paid globally irrespective of that specific responsibility. Nevertheless, we look at things from the perspective of the beginning of his employment, and as such, we see that Reuven was hired to do work, and each piece of work that he did is thus considered for pay (see Choshen Mishpat 182). Only if his job was specified for other tasks and in that framework he agreed to do an additional job of being a messenger can we talk about his not being paid for the work and not being obligated as a shomer sachar.
One might want to claim that the notes are considered documents of debt rather than money, of significance because the laws of watchmen’s obligations do not apply to documents (Bava Metzia 57b). However, the truth is that these depositin are liquid enough to be considered money rather than documents.
In the final analysis, Reuven is obligated to pay for the lost depositin.
P'ninat Mishpat (829)
Various Rabbis
309 - When the Defendant Goes to the Plaintiff’s Place
310 - Bank Notes Lost by Paid Messenger
311 - Inferences from Records of Past Testimony
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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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
