Dudi Kleiner was assistant coach of his community’s Junior League basketball team. Among the players was his younger brother Dovy, who had just turned eleven.
Twice a week, Dudi would meet with the boys after school in the park for practice.
One afternoon, when practice was over, Dudi said to his brother, “I have to run to Mincha and then go learn. Could you please take the ball home?”
“No problem,” said Dovy. “I’m going to play a little longer, and then go on the swings for a few minutes.”
“You won’t forget the ball?” asked Dudi. “It belongs to my chavrusa (study partner). I borrowed it for the afternoon.”
“I can remember,” said Dovy. “I’m already 11!”
Dudi headed to Mincha. Dovy shot a few more baskets and then went over to the swings, placing the ball on the side of the playground. While on the swings, some friends came to the park with their skateboards. Dovy ran over to join them.
Half an hour later, as it grew dark, they all headed home.
Boys will be boys, and the basketball remained at the swings…
Late that night, Dudi returned home. He looked in his room for the ball, but didn’t see it.
“Did Dovy bring the basketball home, as he was supposed to?” he asked his parents.
“I don’t recall seeing it,” replied Mr. Kleiner. “You know that children his age are not always reliable.”
In the morning, Dudi asked Dovy about the basketball.
“Oops,” said Dovy. “I ended up meeting my friends and left the ball near the swings!”
“You assured me that you wouldn’t forget!” said Dudi. “That was irresponsible of you!”
Dudi biked to the park on his way to school, but the ball was gone. When Dudi got home that afternoon, he walked straight into Dovy’s room.
“The ball’s gone!” he exclaimed. “You’re going to have to buy my chavrusa another one from your allowance money!”
Dovy stared at him. “You should have taken the ball with you!” he replied. “I’m not paying.”
Dudi asked his parents what to do.
“This is an interesting question,” said Mr. Kleiner. “How about asking Rabbi Dayan?”
“You mean the one who writes in Business Weekly?” asked Dudi. “The paper we read at the Shabbos table?”
“Yes,” said Mr. Kleiner.
The three went over to Rabbi Dayan. Dudi related what had happened.
“Who is liable for the basketball?” asked Mr. Kleiner. “Dudi, Dovy, both or neither?”
“Dudi is liable for the basketball to his friend, who lent it to him,” answered Rabbi Dayan. “Dovy is not liable, though, even after he becomes bar mitzvah.”
“Why is that?” asked Mr. Kleiner.
“A child under bar mitzvah is considered unreliable to entrust with something,” explained Rabbi Dayan. “Therefore, Dudi was negligent in entrusting his friend’s ball to a minor, even a member of his own household, such as his younger brother (C.M. 291:21).”
“And why isn’t Dovy also liable to me for his negligence in leaving the ball in the park?” asked Dudi.
“A child cannot accept legal liability of guardianship,” replied Rabbi Dayan. “By choosing to place the ball in the hands of someone who is liable to lose it, you displayed a lack of concern for it and a willful risk of loss (see C.M. 188:2; Pischei Choshen, Pikadon 1:17).”
“Do I have to pay when I become bar mitzvah?” asked Dovy. “I remember I once broke something and was told we should pay.”
“A child who damages or steals, although not legally liable when he is a minor, carries a moral responsibility to pay when he becomes bar mitzvah,” replied Rabbi Dayan (C.M. 349:3,5; Rema, O.C. 343:1). “However, in this case, you do not even have a moral obligation, since Dudi displayed recklessness in entrusting the ball to you.”
Rabbi Dayan then turned to Mr. Kleiner. “Dovy does not owe anything,” he said. “However, if you feel that he should be encouraged to pay partially as an educational measure, to teach him responsibility for property, that is your prerogative as an educating parent.”