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Beit Midrash
- Family and Society
- Financial Laws and Tzedaka
- Employer and Employee
Ayala smiled happily. She had just spent the past few hours angling her camera, adjusting lights, and telling people to smile, trying to capture the highlights of the Bat Mitzva party which she had been hired to photograph. She enjoyed photography, and got a particular thrill from turning meaningful moments into treasured memories, for her clients to enjoy in the future. She packed her equipment into her car, and drove home, eager to start working on the Bat Mitzva album, the next day.
The next morning, Ayala sat down, and began to go through the pictures from the evening before. However, the more she looked through the pictures on her camera, the more concerned Ayala became. In place of the dozens of pictures which she had taken, there were just a few pictures! Ayala looked through the pictures over and over again, hoping against hope that the missing pictures would appear. She turned off the camera, and turned it back on again. Nothing. Ayala felt a sinking feeling in the pit of her stomach. The pictures were gone! Ayala realized that the only way to get the pictures back would be for her to pay an expert to recover the pictures. But that would cost thousands of shekel!
Ayala didn’t know what to do. How could she tell the family of the Bat Mitzva what had happened? And what should she do about the money? Was she obligated to pay thousands of shekel to an expert to recover the pictures? Or should she pay the family money, to compensate them for the damage which she caused them? What should Ayala do?
Answer:
Rabbi Yaakov Ariel, shlita:
Ayala did not actually cause monetary damage to the Bat Mitzva girl or her family. The photographic film is the property of the photographer, and not her clients. However, because Ayala caused the family aggravation, because the pictures disappeared, she should offer them a monetary compensation.
(One might ask how it is that we know that there is an obligation to compensate another person for aggravation, and not actual monetary loss. We see an indication of this in the responsa of the Maharik (siman 173). There, the Maharik discusses the practice in which a prospective bride and groom agree, before engagement, that, if one side chooses to dissolve the engagement, that party will pay monetary compensation to the other party. The Maharik explains that mental anguish is taken into account, in Jewish law, and is not merely an insignificant factor. In truth, the case the Maharik discusses involves a prior agreement, and Ayala’s story does not involve a prior agreement regarding aggravation. Nonetheless, the case brought by the Maharik is relevant, because it shows that aggravation does factor into Jewish legal decisions.)
In conclusion, although Ayala is not required to pay an expert to recover the pictures, because the film belongs to her, if the family decides that they would like to pay to recover the missing pictures, Ayala should contribute toward that expense.
Epilogue: Ayala called up the family and apologized profusely for the awful mishap. She offered to compensate them for the lost pictures, by creating a special clip, in honor of the Bat Mitzva. The girl was so excited with the offer, and explained "The Bat Mitzva party was a disaster. I don’t know that I would have wanted to be reminded of all the details. A clip is much better! Everything worked out for the best!"
Rabbis in Midrash
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
