In the parking lot of the yeshiva stood a large sign: “The ultimate in sukkah schach! Fresh palm branches,$5 a branch. Local delivery $1 extra per branch.”
“That would be a refreshing change to the bamboo poles or mats,” Mr. Deckel thought to himself. “Some green would really be nice!”
After davening, Mr. Deckel drove over to the yeshiva. “I’d like 20 branches,” he said.
“No problem” replied the seller. “That’s $100.” He counted out twenty branches.
“Do you want them delivered for an extra $20?” the seller asked.
“No need,” replied Mr. Deckel. “My car has a roof rack. I’ll just load them on my car roof.”
Mr. Deckel then turned to Shimon, one of the young men working there. “Could you please help me load the branches?” he asked.
“With pleasure,” Shimon replied.
Mr. Deckel and Shimon loaded the branches onto the roof. “The branches are not stable,” Shimon said. “Let me adjust them before we tie them.”
Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.
Mr. Deckel made a face. “How did that happen?” he asked Shimon.
“I was adjusting the branches,” Shimon apologized. “I told you the branches were not stable.”
“You should have been more careful about adjusting them,” said Mr. Deckel. “Even if the branches were not stable, you knocked that branch off and cracked the mirror.”
“I was just doing you a favor,” replied Shimon. “Anyway, it’s also your fault; you loaded the branches on the roof in an unstable manner. So don’t blame me.”
The seller came over. “What’s going on?” he asked.
“Shimon tried to adjust the branches that we loaded on the roof,” explained Mr. Deckel. “One of them slipped off and cracked the mirror of the car. I think he’s liable.”
While they were arguing, Rabbi Dayan passed by. “Look who’s here!” exclaimed the seller. “Rabbi Dayan! We can ask him!”
The three greeted Rabbi Dayan. “A monetary question just arose,” Mr. Deckel said. He explained the situation and asked: “Who is responsible for the mirror, me or Shimon?”
“The Shulchan Aruch [C.M. 384:3] addresses the case of a construction worker who was dismantling a wall and a stone collapsed at the far end of the wall, causing damage. If the stone fell of its own accord the worker is exempt, since this is considered oness [beyond his control], but if the stone fell on account of the worker’s bang, he is liable.” (B.K. 98b and Meiri there; Pischei Choshen, Sechirus 7:[56-57])
“How does this compare to our case?” asked Mr. Deckel.
“If the branch on the other side fell simply because it was not loaded in a stable manner, Shimon is exempt,” explained Rabbi Dayan. “However, if by rearranging the branches he pushed it off, the damage to the mirror is considered the result of Shimon’s actions and he would be liable if he could have prevented it.”
“Would the same apply if someone helped his neighbor to help load something on his car roof?” asked Mr. Deckel.
“Not in the same way,” replied Rabbi Dayan. “When a person acts upon the owner’s instruction or request, there is a difference between a paid worker and one who does for free. Tosfos [B.K. 27b s.v. U’shmuel] explains that a regular person is only liable for damage if he carries an element of blame, even if not negligent [oness k’ein aveida] whereas a paid worker carries additional liability so long as he could have prevented the loss [oness k’ein geneiva]. Even a paid worker, though, is not liable for damage beyond his control.” (C.M. 306:4; 378:11)