Torah.org Home Subscribe Services Support Us
 

Hilchos Choshen Mishpat

Volume II : Number 28

Saving Yourself At Your Friend's Expense


Question:

A. In this weeks Parsha, Yehuda gave Tamar his signet ring and staff as collateral, with the express condition that it be returned when he sends payment to her. Tamar brought the items home and kept them for herself in case she would need them to save her life, as she ultimately did. Considering that Yehuda only gave them to her for a short while and to be kept in a specific place, were her actions Halachically correct?

B. If a person is trying to save his friend's possessions from flood or fire, etc., and in the process caused damage to his friends other possessions (e.g. he hosed down his home to put out a fire and in the process caused a great amount of water damage), does he have to pay for the damages that he has caused?


Answer:

  1. A. What Tamar did was Halachically correct. A person may save her (or his) life by taking someone else's items without permission, on condition that after the threat to her (or his) life has passed, the item must be returned, or paid for if it has been damaged or is no longer available. (1)

  2. B. A person that hurriedly extinguishes a fire in his friend's home, and in the process causes extensive water damage that was not necessary in order to extinguishing the fire, is exempt from paying for the damage that he caused. This is true whether the damage was caused to the property of the person in whom's home the fire was, or to a neighbor. This is a Takanas Chachomim (Rabbinic Injunction) which was made because if a person would be held liable in such a case, people might hesitate before going to save their friend's property from loss. (2)


Sources:

(1) The Gemara in Sanhedrin (74a) states that it is forbidden for a person to save himself from danger by causing damage to his friend's property. However, Tosafos (Bava Kamma 60b D"H Mahu L'Hatzil) qualify this by saying that if he pays for the damage that he has caused to his friend afterwards, he may do so.

Therefore, since Tamar knew that if she would not have proof that she had become pregnant from Yehuda she would be killed, as we see that she was actually being taken out to be killed, and only by showing the collateral could she prove that her child was from him and save her life, she was permitted to keep Yehuda's possessions. Although keeping a collateral in an unauthorized manner is considered theft (Shelichus Yad B'Pikodon), and Sho'el Shelo MiDaas (a borrower without permission - see the Shulchan Oruch in Choshen Mishpat 292:1), she was in a situation of danger and was permitted to do so, as long as she would eventually return it. At that time, she would have a right to claim the goat's kid (Gdi Ha-Izim) that he had pledged to give to her.

(2) The source for this injunction is also in the above mentioned Gemara in Sanhedrin.

Feedback is appreciated! It can be sent toatendler@torah.org.


This week's class is based on a column by Rabbi Tzvi Shpitz, who is an Av Bais Din and Rosh Kollel in the Ramot neighborhood of Jerusalem. His Column originally appears in Hebrew in Toda'ah, a weekly publication in Jerusalem. It has been translated and reprinted here with his permission and approval.

We hope you find this class informative and stimulating! If you do not see a subscription form to the left of the screen, access the Advanced Learning Network to subscribe to Business-Halacha.

For information on subscriptions, archives, and other Project Genesis classes, send mail to learn@torah.org for an automated reply. For subscription assistance, send mail to gabbai@torah.org.

Please Note: The purpose of this column is to make people aware of Choshen Mishpat situations that can arise at any time, and the Halachic concepts that may be used to resolve them. Each individual situation must be resolved by an objective, competent Bais Din (or Rabbinic Arbitrator) in the presence of all parties involved!

 

ARTICLES ON BESHALACH AND TU BESHVAT:

View Complete List

How Did Pharaoh Do It?
Rabbi Aron Tendler - 5764

The Illusion of Independence
Rabbi Aron Tendler - 5759

Song of Moses and Isreal
Rabbi Berel Wein - 5774

ArtScroll

Mon or Man?
Rabbi Eliyahu Hoffmann - 5766

A Time to Sing
Shlomo Katz - 5774

Insight Into An Age Old Dilemma
Rabbi Yissocher Frand - 5759

Looking for a Chavrusah?

The Best Choice
Rabbi Yochanan Zweig - 5775

The Spiritual Effect of Tasting the Manna
Rabbi Berel Wein - 5772

Anatomy of a Sin
Rabbi Osher Chaim Levene - 5768

> A Seamless Integration On A Higher Plane
Rabbi Naftali Reich - 5774

Glorified Money
Rabbi Chaim Flom - 5768

Rough Beginnings
Rabbi Dovid Green - 5761

Frumster - Orthodox Jewish Dating

So Much for Miracles
Rabbi Aron Tendler - 5758

The Heart of the Matter
Rabbi Dovid Green - 5759

G-d Rules Even In A Period In Which We Fail To See It
Rabbi Yissocher Frand - 5764

Spring to Life
Rabbi Yehudah Prero - 5768



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information