Fascinating: The Dispute Between the Merchants That Became a Historic Ruling

Summer 1689. A war was raging in Europe later known as the 'Nine Years' War.' At that time, it was in its second year. Louis the Fourteenth, the 'Sun King,' repeatedly expanded the French kingdom in all directions until the surrounding European nations had enough and formed a wide coalition to stop Louis XIV's expansionist ambitions. This coalition was led by the Germans, situated east of France (known as the 'Holy Roman Empire'), the English, the Dutch, and the Spaniards.

The war started with French victories. Louis' army crossed the Rhine eastwards, besieged the Black Forest's fortresses from Baden to Mannheim, and captured them one by one. To be safe, the French generals decided to destroy several key cities along the Rhine to prevent future uprisings. Count Tessé set fire to Heidelberg, the university city; General Monclar flattened the city of Mannheim; after that came Oppenheim's turn; and on the 13th of Sivan, it was the city's turn of Worms. Even the Jewish Street was destroyed. Later, the Germans recaptured the entire area, but for some Jews, it was already too late.

During those turbulent days, a Jewish merchant named Reuven from the city of Oppenheim foresaw the situation. He realized that the French soldiers were about to win and invade the Rhine cities, so he secretly transferred all his wines, which were in a cellar, onto a boat anchored at the river. The boat was covered with sheets and stood in a small, neglected dock. No one noticed it. At dawn, it was supposed to sail towards Holland to sell the goods there. And so, while the French invaded all the cities in the area, drank all the wines, and looted all the food for themselves, Reuven was about to save his fortune before the French reached Oppenheim.

But then another Jewish merchant named Yosef intervened. Reuven owed Yosef a thousand rubles-thaler, a very large sum. Yosef had a promissory note, but so far, the debt had not been paid. He heard through the grapevine that Reuven was smuggling his assets and informed the authorities that his debtor was smuggling assets. The Rhine authorities detained the boat to confiscate it for Yosef. However, within days, the French arrived, drank the wine at will, and destroyed the rest, including the boat.

Reuven was deeply hurt by Yosef's action. He accused him of being a real 'informant'. He handed Reuven over to the authorities and also caused him huge losses! Yosef argued in his defense that he understood that once Reuven's goods left the city, he had no chance of getting his money, and acted rightly.

The question was sent before the sage Rabbi Yair Chaim Bachrach, one of the leaders of German Jewry, the "Chavot Yair". The 'Chavot Yair' brings this question in his book, 'Siman Mem-He,' and writes that he has a secret rule 'not to usually respond,' and since he is currently in transit (presumably exiled from his city due to the war), he cannot respond, but he writes the answer to himself, so others will learn from it what to instruct.

The answer depends on whether Yosef's action is considered intentional or unintentional, as in such a case, if intentional – the sages fined him. And to this, the 'Chavot Yair' responds that it is not considered intentional, as he did not intend to harm Reuven, but only to obtain what is owed to him, and the result of the French plunder was certainly not to his liking. Another principle is that in a matter that is not common, the sages did not decree, and the result here is considered an uncommon matter. Although it might have been a concern at that time, in general, it is an unusual matter.

The 'Chavot Yair' also says: I heard that the French looters sometimes paid money for what they took, so there is no certain damage here, but only possible damage from Yosef's side, as it is clear that even if he had smuggled the wine to Holland, he would have had to get rid of it quickly and sell it at a loss.

In practice, Reuven is not suing Yosef for money, but only wants to be exempted from paying his debt, since if there is a doubt in the matter, the one who takes from another – the burden of proof is on him, if Yosef perhaps harmed him, then maybe Reuven no longer owes him. But this argument is also dismissed by the 'Chavot Yair.' Seizure does not help here, and Reuven has to pay Yosef the thousand rubles he owes him.

What happened in practice? The 'Chavot Yair' notes that he learned after a few months that Reuven and Yosef went to arbitration, and the arbitrators ruled that Reuven had to pay. In his opinion, 'this is a big mistake,' and he sent them his opinion in the matter in a letter.