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Case: A neighborhood [in New York, apparently] emptied out of Jews and its shul closed. The shul decided to keep their sefer Torah in a yeshiva; no payment was exchanged. Hooligans burned down the yeshiva, including the sifrei Torah. This created publicity and sentiment around the Jewish community, and donors were elicited to give sifrei Torah to replace those that were burnt. Now, the owner of the shul’ssefer Torah wants that yeshiva to "return" a sefer Torah. The yeshivaresponds that they are exempt as a shomer chinam (unpaid watchman). The owner also claims that since the yeshiva received new sifrei Torahthrough their campaign to replace the old ones, including the one he owned, he should get it.
Ruling: While hekdesh (the infrastructure of the Beit Hamikdash) was exempt from the obligations of shomrim, this does not apply to yeshivot (see Shulchan Aruch, Choshen Mishpat 95:1). However, in this case, where the sefer Torah was destroyed by arson, it is considered oness(an extenuating circumstance), and the yeshiva is exempt for a few reasons.
A shomer is obligated to pay only if he accepts upon himself, at least implicitly, the obligations of a shomer. If he simply allows one to keep his object in his possession, he is exempt (ibid. 291:1). Often one gives his sefer Torah to a shul or yeshiva because he lacks a good place to keep it, not because he expects their involvement in its safe-keeping. Even if, due to a sefer Torah’s sanctity/importance, one usually accepts responsibility to watch it, we must determine what type of shomer the shul is.
One could claim that, assuming the shul (or, in this case, the yeshiva) uses the sefer, they become like a sho’el (borrower), who is obligated to pay even when it is destroyed through oness. However, not everyone who uses the object he is watching is a sho’el. It is only when the borrower receives all the benefit from the arrangement. The Shach (72:29) says that when one lends a sefer to his friend, since the fact that the lender does a mitzva provides him with certain benefits, it makes the friend considered, according to some opinions, only ashomer sachar, who is exempt from oness. While the Netivot Hamishpat (ad loc.) argues, he will agree in a case like this where the owner’s benefit is strong, that the yeshiva is a shomer sachar.
Does the yeshiva owe the sefer Torah’s owner because they asked for donations to replace it? The gemara (Sanhedrin 48a) discusses what to do with money that was solicited for the needs of a specific dead person but exceeds the basic needs – does it go to the deceased’s minor needs or to his inheritors? We see that money that is raised for the needs of a specific poor person stays with the recipient (including his inheritors) even when it exceeds the needs for which it was raised.
One might think to apply the idea of "how can one make profit from his friend’s cow?" (see Bava Metzia 36b). In other words, in our case, how can the yeshiva be allowed to receive compensation from the community for the loss of someone else’s sefer Torah. However, the context there is different (we will not go into the details), as there the one who is paying has a level of obligation to pay, and therefore he pays the real owner, not the middleman. Here, in contrast, people decided to make donations to the yeshiva because of their losses, only one of which was the sefer Torah in question. There is nothing that naturally links those donations to the owner of the sefer Torah. Therefore, the yeshiva does not have to return a sefer Torah.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
