Mr. Steinberg’s sister lived in a penthouse apartment in Florida. She and her family were going away for the month of August. “We’d like to take a two-week vacation to Florida,” Mr. Steinberg said to his sister. “Would it be OK if we used your apartment while you are away?”

“We’re happy to let you use the apartment,” said Mr. Steinberg’s sister. “We’ll leave a key with the doorman. There’s a nice patio table on the porch, if you’d like to eat outside. “

One afternoon, a rainstorm began. The wind began howling, and rain poured down. The children looked out the window and watched the rain beat down on the porch.

All of a sudden, they saw the patio table being lifted by the wind. It stood suspended in the air, as if held by invisible strings, rotating slowly! The table then dropped down. The Steinbergs heard a crash and the shattering of glass below; a car alarm went off.

Mr. Steinberg ran downstairs to the ground floor. He saw that the table had fallen onto one of the cars sitting in the parking lot below.

“Just what we needed to make our vacation complete,” Mr. Steinberg muttered, with a grimace.

He returned upstairs and told his wife, “Unfortunately, the table landed on someone’s car. The table is shattered, and there’s extensive damage to the car.”

Mr. Steinberg called Rabbi Dayan. He related what happened and asked: “Who is liable for the damage to the table and the car? No one, me, my sister, the building, or the car owner’s insurance?”

“When a person borrows an apartment, he becomes responsible for any of the furniture that he intends to use,” replied Rabbi Dayan. “The possession of the apartment extends to the movable furniture, based on kinyan agav (‘along with’)” (C.M. 202:1-2).

“A borrower is liable even for oness gamur, circumstances completely beyond his control,” added Rabbi Dayan. “Thus, you are liable for the broken table, even if the wind is of unexpected nature. Furthermore, a borrower becomes responsible for damage caused by the borrowed object, since it is now under his authority” (C.M. 340:1; 347:1).

“Then I guess I’m also liable for the damage to the car?” said Mr. Steinberg.

“The Gemara (B.K. 6a) teaches that a person is liable for damage caused by his object that was hurled off a roof by a normal wind,” answered Rabbi Dayan. “This is included in the category of eish (fire), which is defined as damage caused in conjunction with an external force, such as the wind. However, if the object could not have been blown by a normal wind, but was blown by an uncommon wind, the person is exempt. He had no reason to expect that it might be blown, and was not negligent in placing it there” (C.M. 411:1-2; Sma 411:1; Lechem Mishneh, Hil. Nizkei Mammon 14:16).

“What if he knew there would be strong winds?” asked Mr. Steinberg.

“If the person placed the object there when the unusual winds were already blowing, he is liable, since he was negligent in placing it there under such circumstances,” answered Rabbi Dayan. “That would also be the case if he knew a storm was approaching” (see Rama, C.M. 418:9 and 307:3).

“What about insurance coverage?” asked Mr. Steinberg.

“If the car owner has comprehensive coverage, the damage would probably be covered as an ‘act of G-d,’” replied Rabbi Dayan, “unless it was determined that the homeowner was negligent in not securing the patio table to the porch. In that case, the building’s property damage liability might still cover the damage.”

For part I click here

Q: I am a woman and am uncomfortable appearing before beis din to make a pruzbul. Is another option available?

A: The halachos related to Shemittah and canceling loans apply to women (Sefer Hachinuch #477). It is not a positive, time-bound mitzvah since it is in force even after Shemittah and, additionally, there is a related prohibition, which also applies to women. Therefore if a woman loaned money and the debt comes due before Rosh Hashanah, she should fill out a pruzbul to prevent it from being canceled.

Poskim discuss whether one can appoint an agent to fill out a pruzbul. Some maintain that lenders must personally appear before beis din since mili lo mimsari l’shaliach — “mere words cannot be transferred to an agent.” Consequently, an agent appointed to write a gift document may not appoint a sub-agent to fulfill that instruction (Erech Lechem 67:19).

Many others disagree and contend that the principle is limited to one agent conveying instructions to another, but when the principal instructs an agent to make a declaration on his behalf, it is considered as though the principal is making that declaration and does not have the limitation of mili lo mimsari l’shaliach (Machaneh Ephraim, Shluchin 7; Noda BiYehudah, Tinyana Y.D. 147; and Birkei Yosef, O.C. 434:5).

The majority of Poskim follow this position, especially since the cancellation of loans during Shemittah is Rabbinic. Accordingly, a woman who is uncomfortable appearing before beis din may appoint an agent to make her pruzbul. When utilizing this option one can rely on the presumption that the agent fulfilled his agency, because the issue is only Rabbinic (Yeshuos Yisrael 67:1). below is wording that may be used for this purpose:

PRUZBUL – AGENT (Ashkenaz)

Mr. _____________ came before us, the undersigned Beis Din, and declared that he is an agent of Mrs.___________, who appointed him to make a pruzbul. Following is what Mr._________ said: “Mrs._________ conveys to you the court all debts owed to her, whether these debts are documented in writing or oral agreement, so that she may collect them at any time she wishes.“

Since the above-mentioned creditor has conveyed to us the pruzbul as enacted by Chazal we have written this pruzbul document in keeping with the custom of Chazal from the time of Hillel the Elder. We have empowered the creditor so that none of the debts owed to her up until this date, written or oral, will be canceled.

As proof we affixed our signatures today, the _____ day of the month of Elul, in the year 5775, here _____________________________.

Rabbi ______________________________  

Rabbi ______________________________

Rabbi ______________________________

Another option  is to submit a request in writing to the beis din to fill out a pruzbul for him/her (see Chasam Sofer, C.M. 113). Wording that may be used for this purpose is:

PRUZBUL [FAX/MAIL] (Ashkenaz)

“I hereby convey to you the court, Rabbi_________, Rabbi___________ and Rabbi___________, all debts owed to me whether these debts are documented in writing or oral agreement, so that I may collect them at any time I wish.”

_________________ (the lender)

We the undersigned Beis Din received the above request from ________________ to make a pruzbul in which she declared: “I hereby turn over to you the court all debts owed to me, whether these debts are documented in writing or oral agreement, so that I may collect them at any time I wish.”

Since the above-mentioned creditor has conveyed to us the pruzbul as enacted by Chazal, we have written this pruzbul document in keeping with the custom of Chazal from the time of Hillel the Elder. We have empowered the creditor so that none of the debts owed to him/her up until this date, written or oral, will be canceled.

As proof we affixed our signatures today, the _____ day of the month of Elul, in the year 5775, here _____________________________.

Rabbi ______________________________  

Rabbi ______________________________

Rabbi ______________________________