Sender's Liability for Bodily Harm Suffered by Gratuitous Agent

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer harmonizes the apparent dispute between the Ramban and the Hagahos on Bava Metzia by distinguishing between harm arising from the mission itself (analogous to meisah machamas melachah, for which the sender is exempt) and incidental harm unrelated to the mission (for which the sender is liable as a sho'el). He further refutes the Chacham Tzvi's objection based on the dayyo principle by classifying be'alav imo as a gezeiras hakasuv not subject to extension, and resolves the Maharam of Rothenburg's distinction between a seized agent who has funds and one who does not.

Source: Shu"t Chasam Sofer CM §52

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