logo
Project Fellow
 

 Fellow Weekly -  Issue 110

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.

      

 

 

 

 

 

 

 

 

 

  

      CLICK HERE FOR THIS ISSUE'S PDF 

 

   

-

 

 Spearheaded by Rabbi Myer J. Schwab, Dean of Bais Yaakov of Denver

 

THE RAV SHIMON SCHWAB ZT"L

CHOSHEN MISHPAT CHINUCH INITIATIVE FUND

 

CLICK here TO JOIN OUR SACRED MISSION 

 

Click here and help Project Fellow further ethics education across the globe.

Case # 213  The Baffled Babysitter XIII: A Trip to NYC Part I
 

1. "Ding Dong. Ding Dong. Watch the closing doors!"   Angling her back just so, preventing the subway doors from closing on her charges; two by two, Naomi's left hand led her four energetic nephews aboard the 1 Train towards Battery Park as her right fist clutched a carbonated apple drink can she opened moments ago for the kids while waiting for a challenging half hour on the stale-aired platform. A silent expression of gratitude - to her gymnastic teacher crossed her mind; till the feeling of cold brass swiftly pressed hard against her forearm. A tuba held by a six foot teenager forcefully maneuvered its way through the crowd. Naomi's hand lost its equilibrium and the can sent an apple juice shower down an attorney's suit pants.

 

2., 3. Before the three-way brawl involving the attorney, Naomi and the tuba bearer ensued, Naomi made a beeline to the lone available seat; promptly sat down, piled the kids onto her lap only to have sensed the crush of a hot paper cup and felt her dry clean-only skirt swimming in a gush of mocha and whipped cream. "Madam can't you watch where you're sitting?" yelled the irate tourist sitting next to her. "You owe me a cup of coffee." Then, the expected five-way symphony of incensed passengers instantly erupted in the car - only to be drowned out by an ear piercing chorus of four banjos and five bongo drums.

 

Though still dripping from mocha, Naomi gasped a sigh of relief when the doors flung opened and the victims of her juice and espresso debacles dashed out to catch their departing transfer across the platform.

 

 4., 5. Manipulating her foursome down Broadway towards the park, Naomi eyed a symmetrical tower of mouthwatering mangos prominently perched atop Peter's Produce Parlor checkout counter along the exterior of the shop. On brief lunch break, family friend Natan Teeberg whisked by en route for bagels, pulled a mango down for Naomi and kept on scurrying. Crash! Down rolled the pile of mangos behind the counter. A mango's bull's-eye fall onto the cashier's beer can on the floor, splattered the fruit and sent a carbonated geyser billowing upwards; painting the white ceiling and nearby bananas with a sticky layer of green beer gloss. Instantly, Peter's shelf stackers chased after Natan and subdued him two blocks yonder. Fruitlessly frisking him for compensation cash, they sped off with Natan's Metrocard for recourse.

 

 

1. Who is responsible to pay for the attorney's cleaning bill - Naomi or the tuba bearer?

2. Is Naomi required to pay the tourist for her coffee?

3. Is the tourist required to pay Naomi for the cleaning bill?

4. Is Natan required to pay Peter for the damaged Mango? Cleaning the beer off the ceiling and bananas?

5. May Peter's boys seize a Metrocard from Natan to cover possible expenses?

 

 

 

What is the law?

 

 

 

Please email us with your comments and answers at weekly@projectfellow.org

Read next week's issue for the answer!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case # 212: Imprisoned Defender!  

Edi K. is unfortunately sitting behind bars in a Florida penitentiary. The victim of an escalating number of break-ins, Edi endeavored to protect his home by booby-trapping the bottom of his chimney stack. The next intruder who climbed down the stack never made it out.

 

What's the Law? 

  

 

The Answer

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

 

Torah law sanctions Edi's approach. Beit Din would not have imprisoned Edi.

 

 

 

 

Detailed Explanation
 
 

    

Imprisoned Defender invokes the following laws.

 

 

1. The Torah requires one to responsibly defend himself/herself against a deadly attacker even if it means killing the assailant.

 

2. A burglar is assumed to be ready to eliminate obstacles in his/her way, even if it means killing the defender. In other words a burglar is to be viewed as a deadly attacker.

 

3. The Torah sanctions eliminating a burglar during a burglary unlesss it is absolutely clear that the burglar has no intention to murder.

 

 

4. One is permitted to protect his/her property with electrified fences [Choshen Mishpat 425:1 Rema].

 

 

5. It is important to note, as the Torah views the defendant's life as if it is in danger, one is required to protect the defendant even on Shabbat. Thus, a witness to a burglary on Shabbat is required to call the law enforcements to protect the lives of the homeowners [Dayan Chaim Kohn].

 

Application

 

According to Torah law, the homeowner is permitted to protect himself and his home from burglars and would not be imprisoned if the burglar electrified himself on the way down the chimney stack.

  

 

 

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.
 

Together...for a better world
 You can help build a better world. Just invite your friends and family to subscribe to
 

Fellow Weekly.

 

To join this mailing list, please click here 
or send an email to weekly@projectfellow.org with the word subscribe in the subject line

  

 

    

CLICK HERE to DONATE to PROJECT FELLOW TODAY!

   

 

A project of
Yesharim Foundation for Ethical LawView our profile on LinkedIn
 
105/21 Sanhedria Murchevet, Jerusalem
ISRAEL 02-581-6337
USA 845-335-5516

Join Our Mailing List


Fellow - Yesharim | 105/21 Sanhedria Murchevet | Jerusalem | Israel