Question:

A boy damaged yeshiva’s property by writing with a marker on something that belonged to yeshiva. He told yeshiva’s administrator what he did and said he would pay. Several days later he tried to wash off what he did and he saw that it came right off, leaving no mark left behind… it was as good as new. He went back and told the administrator, but the administrator said, “sorry, I already ordered a replacement, so you need to pay [the value of the used piece, not the full value].” The boy claimed that he does not need to pay, since there is “no” damage. Who is right? Is this considered garmi (the boy’s causing the yeshiva to order a new piece)?

Answer:

Answer from Horav Y. Fleishman shlit”a

That is correct-it is like the boy told them to buy and he’ll pay so the boy can ask the yeshevo for the piece and sell it to someone and if the yeshevo can return the piece they must.

 

Tags: damages

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