“Welcome aboard our flight to Israel,” the pilot announced. “Please fasten your seatbelts and move your seats into upright position for takeoff.”
Mr. Weiss straightened his seat and buckled himself. He recognized an old acquaintance, Mr. Lieber, sitting just across the aisle.
“Mr. Lieber, how nice to see you!” Mr. Weiss said. “What brings you to Israel?”
“There is a Yarchei Kallah this week in Yerushalayim,” replied Mr. Lieber. “A week-long program of sessions and shiurim by gedolim and leading rabbonim. It’s become very popular in recent years.”
“That sounds fascinating,” replied Mr. Weiss. “I go twice a year to visit my children living there.”
“That’s wonderful!” exclaimed Mr. Lieber. “It must be exciting. How do you handle all the traveling back-and-forth?”
“I try to get the aisle seat,” said Mr. Weiss. “I’ve got long legs and get cramped in the middle seats.”
“Well, I’m short, so it doesn’t bother me,” laughed Mr. Lieber. “But I don’t sleep much on the plane and tend to walk around a lot, so I also prefer an aisle seat.”
After the meal had been served, Mr. Lieber napped for about an hour. He got up and headed down the aisle to the lavatories at the rear of the plane. When he returned to his seat, he felt something hard under his shoes and heard the crunch of glass. He looked down and saw that he had stepped on a pair of glasses
The crunching noise woke up Mr. Weiss. “What was that?” he asked Mr. Lieber.
“I’m sorry,” apologized Mr. Lieber. “It seems your glasses fell into the aisle while you slept, and I didn’t notice them. I’ll pay for them.”
“No, it’s my fault for dropping them in the aisle,” said Mr. Weiss.
“Even so, I should have watched where I walked,” Mr. Lieber replied. “I’m liable.”
“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”
“I have an idea,” said Mr. Lieber. “Rabbi Dayan is supposed to speak at the Yarchei Kallah on Tuesday. If you want to come, we can ask him there!”
“That’s a great idea,” said Mr. Weiss. “I’ll be happy to come that day.”
At the Yarchei Kallah, the two men approached Rabbi Dayan. “A monetary question arose during our flight here,” Mr. Weiss said. “My glasses fell into the aisle while I was sleeping. Mr. Lieber stepped on them and cracked them. Is he liable?”
“The Mishnah [B.K. 27a] teaches that if a jug is left in the street and a passerby bumps into it and breaks it, he is exempt,” replied Rabbi Dayan. “Moreover, if the passerby is injured, the owner is liable for the injury.” (C.M. 412:1)
“Why is the passerby exempt if he broke the jug?” asked Mr. Lieber. “Isn’t a person always held accountable for his damage?” (C.M. 378:1)
“The Gemara [27b] explains that people are not typically expected to look down at their feet when they walk,” explained Rabbi Dayan. “The walking path is assumed to be clear. Rather, the person who left the jug in the street, or the glasses in the aisle, is considered negligent with his own property.”
“I wasn’t really negligent,” pointed out Mr. Weiss. “I fell asleep and the glasses slipped off.”
“Even so, since you didn’t have a right to place your glasses there, Mr. Lieber is not liable,” replied Rabbi Dayan. “Although the glasses fell, or if you had put them down for a moment to wipe your face, it is considered oness [beyond his control], since people don’t typically look down. Furthermore, often the plane is darkened, so that the person walking has difficulty seeing what’s in front of him. Thus, Mr. Lieber is exempt from the damage to the glasses that were lying in the aisle.” (Pischei Choshen, Nezikin 8:21,26)
“What if it is common to leave the object there?” asked Mr. Weiss.
“If people often leave objects there, such as in a loading zone, the passerby is liable, unless it was dark and he couldn’t see,” continued Rabbi Dayan. “He should have considered that there might be an object there and should have walked with caution.” (C.M. and SM”A 412:2; see, however, RA”E 412:2 citing Maharshal.)
“If I had left a handbag in the aisle, would that be included in this?” asked Mr. Lieber. “There isn’t much room in the seats! People sometimes have things jutting out.”
“Although the seats are tight, the aisles are tight, as well,” replied Rabbi Dayan. “Nothing should be left in the aisle. However, if Mr. Lieber had squeezed by and knocked off glasses from your face or lap, he would be liable, since he should have been careful about what he was doing.”