Donation money that was stolen
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Question
Shalom, I work for Kupat Ha'Ir collecting donations. My car was broken into and all the cash donation money was stolen.
A. Am I obligated to pay for the money that was stolen, even though I receive a salary only for my working hours? Do the laws of a paid guardian (shomer sachar) apply to me in such a case?
B. I do not know how much money was stolen, because it is not my job to count the money, only to transfer it to Kupat Ha'Ir.
I will note that for years I have been accustomed to leaving the donated money in the car, and only once every two weeks do I transfer the entire sum to Kupat Ha'Ir. This is how I have always acted. In addition, it is possible that the car window was left slightly open, and if so, perhaps this is considered negligence (peshiah) on my part.
What is the halachic ruling regarding my obligation to pay for the stolen money?
A. Am I obligated to pay for the money that was stolen, even though I receive a salary only for my working hours? Do the laws of a paid guardian (shomer sachar) apply to me in such a case?
B. I do not know how much money was stolen, because it is not my job to count the money, only to transfer it to Kupat Ha'Ir.
I will note that for years I have been accustomed to leaving the donated money in the car, and only once every two weeks do I transfer the entire sum to Kupat Ha'Ir. This is how I have always acted. In addition, it is possible that the car window was left slightly open, and if so, perhaps this is considered negligence (peshiah) on my part.
What is the halachic ruling regarding my obligation to pay for the stolen money?
Answer
Shalom uVracha.
A. You must pay for the loss; see Choshen Mishpat, siman 301.
B. You must pay the amount that was definitely known to have been there.
C. This is considered negligence.
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