Question:
Hello,
My mother, may she live and be healthy, decided to buy two parrots for herself and my father in honor of their wedding anniversary. Those parrots were really cute and all the grandchildren came over to see the little colorful birds. I guess I was too excited about them and when I went to feed the birds, I left the cage open by mistake, and the female parrot flew away. What should I do?
Answer:
You are not obligated to pay, but you should speak to your parents and apologize…
Answer:
See Rema Choshen Mishpat 336:4 where he cites an opinion that one who opens the gate before his friend’s animal and the animal was lost, is not obligated to pay in Beis Din. In this case, perhaps you are even exempted from the Heavily law since you meant good when you opened the gate, see Tosefos on Bave Kama 56:1, where it is stated that one who has good intentions, if the result was damage he is obligated on the Heavenly realm. See also Shut Mahari”k part 1, chapter 95 where he states that there is no obligation to the Heavenly law unless he was planning to cause damage. Why he didn’t cite the above Tosefos remains to be discussed. In addition, Shita Mekubetzes cites in the name of the Ra’ah and Meiri that disagree with the Tosefos and only one who intended to damage is obligated, and the student of Rabbnu Peretz agrees with the Tosefos.
