[Avodah] Ownership ?

[Rich, Joel]

Rich, Joel wrote:
> Reuven lends shimon a glass vase and tells him he can keep it as long 
> as he wants and if by some chance he doesn't return it not to worry 
> because Reuven is mochel in advance for that possibility.  On his way 
> home, shimon stops at the light where levi, busy talking on his self 
> phone, knocks shimon over and the vase breaks. To whom, if anyone, 
> does levi pay the value of the vase, and why?

Um, this seems extremely simple.  Ask yourself another question, and it will become blindingly obvious:  Suppose Shimon heads straight for the market and sells the vase.  Is he a thief?  Of course he is.  Reuven very clearly did *not* give up ownership of the vase.  He fully expects that when Shimon no longer needs it, if it's still in usable condition, it will be returned.  And if, one day, he suddenly finds himself in need of it, he will have no hesitation in asking Shimon to return it.  So there's no question that Levi owes the money to Reuven, not to Shimon.

-- 
Zev Sero
================================
Is it so blindingly obvious?  What if in your case  Reuvain comes to Shimon and asks him for it and shimon says - remember you said if I didn't return it you are mochel, well I'm not returning it so your mechilah kicks in?
KT
Joel Rich               
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