Gabbai's Liability for Pledges Destroyed in Yom Kippur Fire

From: Rabbi Moshe Sofer

To: Rabbi Chaim

Description

The Chasam Sofer rules that R' Elazar, as gabbai of the Chevra Kadisha, is exempt from all liability for pledges destroyed when a stone vault unexpectedly cracked during a Yom Kippur fire. Although members of the Chevra may have mutual shomer sachar status as partners, the heightened duty of netirusa yesirta — sacrificing one's own property to save a deposit — applies only to a guardian receiving explicit wages, not one deemed a shomer sachar through indirect partnership benefit. R' Elazar acted reasonably by saving property from a more vulnerable wooden structure while leaving the presumed-fireproof stone vault sealed.

Source: Shu"t Chasam Sofer CM §16

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