Parshas Toldos 5786
- Torah Tavlin
- 3 days ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (54)
Question. Reuven asked Shimon, who was driving to another city, to lay out cash or use his credit card, to buy an item for him, and bring it back. Shimon bought the item and left it in his locked car but a thief broke in and stole the item. Does Reuven still have to pay Shimon for the money he laid out for him, or can Reuven say that since he never got the item, he doesn’t have to pay?
Answer: If Reuven believes Shimon that he indeed laid out the money for him, he has to pay in full. The reason is that as soon as Shimon purchased the item, it became Reuven’s item wherever Reuven is - “zochin l’adam shalo befonov” - one can acquire an item for another person even in his absence. Therefore, it was Reuven’s item that was stolen. Shimon was a shomer chinam - an unpaid guardian - and is exempt from responsibility for theft and unforeseeable circumstances. If he was negligent and left the car unlocked, it is called “pshia” and he must pay for the item; in other words, Reuven does not have to pay him back for the money that he laid out. If Reuven gave Shimon permission to use the item while traveling, such as a GPS, etc., and Shimon indeed used it, he becomes a shoel who is obligated even for an oness while he is still using it. If he finishes using it, he becomes a shomer sachar till the item is returned, and is obligated to pay for theft and not for oness (1).
Question: Reuven asked Shimon to cash some checks at the bank for him. Shimon did it and put the cash in an envelope in his car. While driving home, he stopped for Mincha at a local shul, leaving the cash in the car with the doors locked. A thief broke into the car and stole all the cash. Does Shimon have to pay Reuven back for the stolen amount of cash?
Answer: There is no obligation for shomrim (guardians) of documents (2). Even though checks are documents, once Shimon cashed them, he is now an appointed shomer to watch the cash. The halacha is that an unpaid guardian [shomer chinam] is patur for theft, however, in this case, there is a strong logic to make him pay. Since people don’t leave cash in locked cars, but rather in pockets and wallets, it could be considered a pshia (negligence).
(1) חו"מ שמ:ח (2) שם:שא