The bell rang for afternoon break in Mishpat Emes High School. The boys, who had been learning intensely all morning, headed out to the schoolyard for a break to get some fresh air and stretch their muscles with physical activity.

Gabi and Sruli were engrossed in a tight four-on-four, half-court basketball game. Gabi passed the ball to Sruli, but overshot him.

At the same time, Eli, who was jogging around the yard, ran behind Sruli with a phone in his hand. The ball flew past Sruli and hit Eli, knocking the phone out of his hand! It fell to the ground with a thud. Eli picked it up and saw that the screen had cracked.

“Look what you did!” Eli shouted at Gabi. “You broke my phone!”

“It’s your fault!” Gabi shouted back. “Why did you run there? Didn’t you see that we were playing ball here?”

“Even if you’re playing, you’ve got to be careful not to cause damage,” retorted Eli.

The following day, Eli walked in to school.

“I took the phone to the repair store,” he said to Gabi. “It will cost $100 to fix the screen. I expect you to cover the repair.”

“I didn’t mean to break the phone. It’s not my responsibility,” said Gabi. “We were just playing basketball, as we always do. The ball went a little off; it was an accident.”

“You don’t think you owe me?” asked Eli incredulously.

“No,” replied Gabi flatly. “You should have been careful where you ran. You saw that we were playing ball. Balls always get tossed around.”

“Then we’ll have to take it up with Rabbi Dayan,” said Eli curtly. “OK with you?”

“Sure,” said Gabi. “Whatever he says.”

The two boys went into Rabbi Dayan’s office.

“Gabi broke my phone,” said Eli. “I want him to pay for the repair!”

“It’s not my fault,” objected Gabi.

“Let’s hear the story from the beginning, with the relevant details,” Rabbi Dayan calmed them. Eli related what happened, with Gabi adding his perspective.

“Does Gabi have to pay for the phone?” Eli asked.

“If Eli was standing on the side, even though Gabi damaged unintentionally, he would be liable for the damage to the phone,” answered Rabbi Dayan. “However, if the boys were already playing in the area and Eli darted into their midst, Gabi would be exempt.”

“Isn’t there any consideration for accidents?” asked Eli.

“There is a clear rule in the Mishnah (B.K. 26a) that a person is liable even for accidental damage,” replied Rabbi Dayan. “Admittedly, some authorities curtail this rule and do not apply it to unusual or freak accidents. However, this limitation is not relevant here, since throwing a ball is certainly liable to cause damage (C.M. 378:1-3).”

“Why, then, is Gabi exempt if I darted into their midst?” asked Eli.

“In this case, since you were aware that the boys were playing ball in the area and ran there anyway, you brought the damage on yourself; Gabi had no way of preventing it,” explained Rabbi Dayan. “The Talmud Yerushalmi (B.K. 2:8) makes a similar distinction regarding a person who damaged or injured during his sleep.”

“Interesting,” commented Gabi. “In what way?”

“If a person went to sleep with another person or another person’s items near him, he is liable if he damages in his sleep; he should consider that he might roll over and bang into them,” explained Rabbi Dayan. “However, if the person went to sleep and afterward someone lay down or put items on the bed near him, the first person is exempt. The other person created the problem, whereas the one sleeping had no way to prevent this (C.M. 421:4; Pischei Choshen, Nezikin 1:[27]).

“I would add, though,” concluded Rabbi Dayan, “that if the boys were playing in an area where they had no right to be playing, such as in the hallway, and then Eli came, Gabi would be liable. Since Eli had a right to walk there and those playing were acting improperly, the latter have the greater responsibility to exercise caution (C.M. 378:7-8).”

Q: I found money. Must I publicize it? If so, can I use it until it is claimed?

A: An individual bill or scattered money is generally considered a lost item without a siman, and you may keep it. Even if there is a name written on the bill, it does not serve as a siman, because the owner could have used the money to pay someone else.

However, a number of bills bundled together, a neat pile of coins, or money left in a specific location can serve as a siman, and you need to publicize it, as with any other aveidah (C.M. 262:11-13).

A person who finds money that he must publicize may not use it, but should keep it in a secure place (C.M. 267:25).

Nowadays, however, if you find a small sum and always have an equivalent amount readily available should the owner come to claim it, some allow using the money and recording the amount and relevant identifying features. (Hashavas Aveidah K’halachah 6:3).

If you find a check that was already made out and signed, you should return it to the payee, if it is uncommon to transfer checks to third parties. However, if the sum was not written, return the check to the account owner (Hashavas Aveidah K’halachah 12:2).