Fellow Weekly - Issue 87 

WHAT'S THE LAW

 

Welcome to Fellow Weekly's

WHAT'S THE LAW?
Encouraging intelligent and entertaining debate at your Shabbat table.
 
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.

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CASE 187: Marvin & The Mariner Moose Tip Off Part II

 

Gleefully continuing their music, song and dance, Marvin's lawn soon filled up with the entire Moose Squad. Over his megaphone, shaking his antlers to and fro, Marvin joyously invited his company inside to a lavishly bedecked table filled with delicacies and drinks galore. Marvin's faithful wife Esther and his daughters spared no effort to express their gratitude to the Squad members for their work and to bring honor to the festive day.

At a rather humorous scene during the proceedings, Marvin handed his daughter's digital camera to Daniel the Baboon and asked him to snap some candid photos of memorable sights during the feast. Daniel graciously consented.

Soon thereafter, Marvin's neighbor Leon Shag came roaring in from the den. A wide smile plastered across his face, Marvin offered Leon to drink together, and handed him a bottle of Blue Label and a tulip shaped glass to boot .

Taking his seat next to Daniel, the two suddenly erupted in euphoria, leaped to their wicker chairs and began dancing away. Leon and Daniel continued to dance when - Crash! Daniel's left leg fell through his chair, the bottle of blue label fell from Leon's hands and the digital camera landed straight into the tomato soup.  

 

What are Daniel's and Leon's respective responsibilities towards the Marvin and his daughter?

 

What is the law?

Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!

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LAST WEEK'S CASE

 

CASE 186: Marvin & The Mariner Moose Tip Off

 

As the city of Seattle, Washington revved up for the exhilarating Purim festivities, Marvin Fried, a celebrated math teacher in Seattle Hebrew Academy, rolled up his crisp blue sleeves and began his rewarding, yet grueling efforts on behalf of the city's poor. The impoverished in Israel would benefit from his generosity as well. Each year, via numerous innovative and exciting promotions, Marvin would raise much needed funds from the Greater Seattle Jewish Community to distribute them appropriately on Purim day.
 

In addition to the various pre-holiday efforts, Marvin enlisted a Squad of tipsy Mariner Moose to span out across the town dancing the Yemenite Step with potential donors on purim day. [In Yemen, where Jews were banned from dancing publicly, forms of dance evolved that are based on stationary hopping and posturing, such as can be done in a confined space.] All Squad members were expected to show up with their fortunes at 3 PM on Marvin's front lawn.

At three PM some tipsy moose arrived. With pomp and spirit they danced their hearts out with Senior Marvin Moose until junior moose's antlers got entangled in Marvin's. The two fell crashing down and out of both of their pockets rolled a considerable amount of the charity's change in four directions.

Instantly leaping to their feet, the two scrambled to recoup their losses. Yet much to their chagrin, after considerable concerted effort, the two were short roughly $100 each.

 

What are Marvin's and junior Moose's respective responsibilities towards the poor?

 

What is the law?

 

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The Answer

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.

Junior Moose is liable to compensate Marvin's fund for the amount that he is certain that he lost. Senior Moose is legally absolved from doing so, but morally should do so to clean his slate in Heaven.

 

 

Detailed Explanation

 

 Marvin & The Mariner Moose Tip Off implicates the following four laws:

             

1. An unpaid trustee is liable for losses due to negligence[Choshen Mishpat 291:1].

  

 2. Appropriate care must be taken that entrusted money be stored in a secure manner by which it will be protected from possible theft and loss [Pischei Teshuva 301: 6]. Thus, a trustee must be wary of the money in his or her pocket before dancing intensely.


3. In a situation where both the owner and the trustee are unsure of the exact amount of the deposit, the trustee need not pay more than the undisputed amount [Pischei Choshen: Halva'ah 2:31].

 

 4. The regulations of Trustee Responsibilities and Liabilities exists between two parties, not between an individual and a concept.

 

Just as one may become a paid or unpaid trustee over his or her fellow's property, whereby assuming safeguarding responsibilities and corresponding liabilities thereof, one may also become a paid or unpaid trustee over charity funds earmarked for specific persons. In essence, the trustee assumes responsibilities directly towards the defined receivers. Consequently, in cases of losses due to negligence, the specific receivers may hold the trustee accountable to compensate them for the losses they incurred.

 

Similarly, an establishment or an organization may appoint a trustee over their funds albeit yet to be earmarked, as the trustee is held accountable to the establishment or organization. Should a loss occur due to the trustee's negligence, the establishment or organization can hold the trustee liable to compensate the establishment or organization for the losses incurred.

 

However, an individual who holds onto charity funds and distributes them at his or her discretion has not been entrusted by anyone to safeguard the money. In essence, he or she is accountable to no one but an "idea". He or she has become no-one's trustee and is not legally accountable towards any one party. He or she instead has a moral obligation towards the funds. Consequently, while it is more than appropriate to cleanse one's ledger with Heaven and compensate "charity" for the losses due to negligence in his or her trusteeship, the individual is legally absolved from doing so [Choshen Mishpat 301: 5, 6, Nesivos HaMishpat 301: 6, Pishchei Teshuva 301: 5,6,7,8]. 

 

 Application

Junior Moose

Junior Moose was entrusted by Senior Moose to collect charity funds, safeguard them and deliver the collected money to him at the end of his route. Charity funds notwithstanding, Junior Moose is accountable to Senior Moose.    Junior Moose was negligent in not securing the money before he began dancing fervently.  Consequently, he is legally liable to compensate Senior for the lost funds. As both Senior and Junior are uncertain to the exact amount, Junior is legally responsible to compensate Senior's fund simply for the amount that he is certain that he owes

 

Senior Moose

The funds  were as of yet not clearly earmarked for specific persons.  Senior Moose distributed the collected funds at his own discretion. Both the city's poor as well as the poor in Israel benefited from his generosity. He was accountable to no higher authority.  As such, while Senior Moose has a moral obligation towards ensuring the collected monies reach their appropriate destination, and should compensate charity for the amount he certainly lost, nevertheless he is not legally required to compensate "charity" for losses due to his negligence. 

 

Answered by The Fellow - Yesharim Research Center

Note:
 
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.

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