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“There is a dispute [B.K. 114a-b] as to whether a person who is faced with sudden damage can save himself though doing lesser damage to another and compensating him,” replied Rabbi Dayan. “For example, can a person whose flock of bees landed on another’s branch can cut off the branch without permission to recover his bees?”

Shulchan Aruch omits this leniency, indicates that one cannot, unless it is clear that other person would be willing to allow it,” concluded Rabbi Dayan. “However, Rama cites the dispute and leans somewhat to allow. Nonetheless, a person should avoid doing so, unless there is a great loss involved.” (See Rama 264:5, 274:1, 308:7; Pischei Choshen, Aveidah 8:21; Mishpetai Halevi, vol. I, 2:9; Shulchan Aruch HaRav, She’eila U’sechirus #6.)


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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].