Damage caused by servants or workers
הרב מנדי נחשון | הרב חיים אליעזר חיטריק
29 Adar 5786
Article #46
שונה הלכה
נזקי ממון
פועלים
שומר שכר
חושן משפט
עובד ומעביד
מנהג
damages
workers
shomer sachar
choshen mishpat
employer and employee
minhag
נזיקין
ערוך השלחן
employees
employer liability
Aruch Hashulchan
[1] (halacha 7)
Question: What is the law regarding damage caused by servants or workers?
Answer: The law of a worker is like that of a paid watchman (shomer sachar), who is exempt only for something that happened through circumstances beyond his control (oness); therefore he is liable to pay for damage when it occurred without oness. Nevertheless, the minhag of upright householders is not to deduct from their wages for small damages such as the breaking of small bottles, unless they were truly negligent to the point that it is like willful damage (mezid) (Aruch HaShulchan CM 331:7, based on Shu"t Chavos Yair siman 106, cited in Pis'chei Teshuvah CM siman 331 s"k 1).
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