By Rabbi Meir Orlian | |||
#122 |
Ki Teitzei |
31.08.2012 |
N/A |
Q: I agreed to keep a neighbor’s valuable diamond necklace in my safe, but I would now like to return it. The owner, however, refuses to accept it back until it can be moved to another safe somewhere else. Do I remain liable for the necklace?
A: If the necklace was entrusted for a set time, you cannot return it prematurely without consent of the owner. Even if you return the necklace to the owner’s property against his or her will, many authorities maintain that you remain liable (C.M. 293:1; Ketzos 293:2; Pischei Choshen, Pikadon 7:1).
If no time was set, or the agreed time was reached, the owner is required to accept the necklace back (293:1). If the owner refuses to take it and you return it against his will, leave it in front of him, or return it to your house and say, “Come take it whenever you want,” you are no longer liable, even for negligence (see 120:2; Shach 120:4; P.C., Pikadon 7:5).
Similarly, if you inform the owner that you refuse to watch it any longer, you are no longer liable - even for negligence - even if the item remains in your house (Sma 120:11).