Principles of Liability for Preventing Another's Monetary Profit (Mevatel Kiso)

Date: Erev Shabbos, 15 Teves 5564

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer composed this as a self-directed scholarly investigation into the poorly clarified law of mevatel kiso. He concludes with seven rulings, most notably that mevatel kiso never applies to loans (as compensation would constitute ribis), that a bailee who misappropriated a deposit must share profits from the time of the owner's claim onward under the principle of zeh neheneh vezeh chaser, and that an agent who failed to purchase goods is liable only where the resulting loss was certain and demonstrable.

Source: Shu"t Chasam Sofer CM §178

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