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Ruling: Leaving a car running in an industrial area with his back to the car is considered an act of damage to the unsupervised object (Netivot Hamishpat 291:7). The understanding that this is unreasonable is strengthened by the law that it is forbidden to leave a car running unsupervised.
Even if it were not considered damage, def would be obligated as a watchman. One who benefits from the arrangement by which he is responsible for the object, e.g., he receives money from the situation, is a shomer sachar (paid watchmen), even if he is not paid to watch per se (Shulchan Aruch, Choshen Mishpat 306:1). Although there is a machloket between the S’ma (306:1) and Shach (306:1) whether this is so for a salaried worker, in this case, since def used the car for his private needs as well, he definitely was a shomer sachar (Bava Metzia 43a).
A shomer sachar is obligated for theft of the object, even if he was not negligent (which def was). Although things are somewhat more complicated regarding a theft by armed robbers, even if these were armed, they did not need to use the threat of violence in the theft.
We reject def’s claim that by not knowing that he could be obligated to pay the car’s full price, it is like the case of someone who was told to watch something inexpensive when in truth it was expensive (see Bava Kama 62a). First, even a watchman who did not know the value of what he was watching is obligated if he damaged it (Shulchan Aruch, CM 291:4), which our case is equivalent to (see above). Second, def knew how much the car was worth and that if he were recklessly negligent about it, he would have to pay its value. All he did not know was in which cases he would have to pay full price and in which he would just pay a deductible. Would we say that if a shomer did not know the relevant halachot of watchmen, he would not be obligated?! Third, according to many (see Maharsal 6:34), the exemption for lack of awareness is only when the owner deceived him.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
653 - Damages One’s Workers Might Have Caused
654 - A Worker Paying for a Stolen Car – part I
655 - A Worker Paying for a Stolen Car – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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