PEH059

A sent goods to B for sale and further instructed him to purchase other goods with the proceeds and send them to him. After the sale and before the intended purchase, B stored the money in a secure cupboard with his own funds. It was stolen by burglars. The question arises whether B should be considered a paid or unpaid custodian - liability only exists in the former case. Samuel de Salomo a'Cathan (not de Meza) decides that while B is indeed a paid custodian, he is not obliged to replace the money because it cannot be demanded of him to bury the money, although according to Talmudic law, this is considered the safest method of safekeeping. For A would surely have given their approval for the method of storage carried out by B.

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1732-09-01

1733-01-17

Athias, David Israel