Cleaners who accidentally threw away a valuable item
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Question
Shalom to the Rav shlita,
The building committee carried out a cleaning of the stairwell without informing the neighbors beforehand, and the children who helped with the cleaning threw away a valuable item (a child car seat) that looked to them like it had been left and abandoned. The question is: a. Are the building committee or the children at fault, or is someone who leaves an item in the stairwell doing so entirely at his own risk? b. If we assume that he must be compensated, upon whom does the obligation to pay fall — on the building committee or on the children (and perhaps in that case they would be exempt)? c. If we assume that there is no obligation to pay him, does the building committee nevertheless have the authority to compensate him lifnim mishurat hadin (beyond the strict letter of the law) without asking all the neighbors?
The building committee carried out a cleaning of the stairwell without informing the neighbors beforehand, and the children who helped with the cleaning threw away a valuable item (a child car seat) that looked to them like it had been left and abandoned. The question is: a. Are the building committee or the children at fault, or is someone who leaves an item in the stairwell doing so entirely at his own risk? b. If we assume that he must be compensated, upon whom does the obligation to pay fall — on the building committee or on the children (and perhaps in that case they would be exempt)? c. If we assume that there is no obligation to pay him, does the building committee nevertheless have the authority to compensate him lifnim mishurat hadin (beyond the strict letter of the law) without asking all the neighbors?
Answer
Shalom and blessings.
It is not possible to obligate the building committee to pay for the damage.
The building committee may decide to compensate the injured party with a reasonable amount.
Source
Ruling of the dayanim of the Beit HaHoraah.
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