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Torah & Horaah — Devarim 5784

Выпуск: Torah & Horaah — Devarim 5784. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Devorim 5784 298  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Agent Returned Damaged Parshiyos Question I am a sofer. The implication of Rashi is 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org that the ruling of the Mishna does not apply that the agent is not liable, whereas the Shach to a worker who is paid for his time (a po'eil). The Sema (306, 1) actually rules this way and However, since your issue is damage from gives as a reason for the distinction of Rashi sweat at the time that the parshiyos were is that one who is paid for his time generally moved to the table, and the agent and not you performs the work in the house of the owner (the owner), could prevent the damages, even of the object and therefore cannot become according to the Sema and Machane Efraim, a shomeir, whereas one who is paid for a job the agent had the status of a shomeir over the usually works in his own place. how the agent became a shomeir because the The Shach states explicitly that the fact that Gemara (BK 79A) rules that in order to become the work is being performed on the premises a shomeir the shomeir must perform a kinyan, of the owner does not prevent the craftsman just like one needs to perform a kinyan in order from assuming the status of a shomeir. In your case, we do not need the Nesivos since the agent According to this approach, since you could not picked up the parshiyos, thereby performing watch over your parshiyos to prevent damages an act of hagboho, which is a kinyan even when such as from sweat or saliva when they were performed on its owner's property. moved over to the table, even according to those who follow the Sema the agent assumed Thus, we have determined that the agent was a that responsibility since he and not you had shomeir on the parshiyos from the time that he the ability to prevent this type of damage. We have to determine what which you had as much control as the agent, happens if a shomeir returns an object that is the Sema and Machane Efraim would maintain damaged but neither he nor the owner know 2 Questions in all are

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Torah & Horaah

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9 августа 2024 г.

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3