web analytics
November 28, 2014 / 6 Kislev, 5775
At a Glance
Judaism
Sponsored Post
IDC Herzliya Campus A Day on Campus

To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.



Borrowed Car

Business-Halacha-logo

“Boruch’s vort [engagement celebration] is tonight,” Chaim said to his friend, Yoni. “How are you getting there?”

“I’m not sure,” said Yoni. “I’m looking for a ride with someone. Any chance you’re driving?”

“I wasn’t planning on it,” said Chaim. “I prefer not to take my parents’ car. Let me know if you hear of something.”

Toward evening, Yoni approached Chaim. “There are four other people trying to arrange a ride,” he said, “but no one has a car available. Any chance of borrowing your parents’ car?”

“I’ll check with them,” said Chaim.

Chaim called his father. “Five of us want to go to Boruch’s vort,” he said, “but we need a car. Could we go in your car?”

“Who will be driving?” asked Chaim’s father.

“I’ll drive there,” said Chaim, “but I expect to be tired on the way back. Someone else will probably drive.”

“Do you know the other fellows?” asked Chaim’s father. “Have you seen them drive?”

“Yes, I’ve gone places with them,” Chaim answered. “All four are responsible drivers.”

“I guess you can have the car,” said his father. “Please drive carefully, though.”

Chaim called Yoni back. “My father gave the OK,” he said. “Meet me at 7:30 p.m.”

When they arrived at the vort, Chaim parked the car on one of the side streets. He locked the car and checked the doors to make sure they were closed.

When they returned to the car after the vort, they saw that it had been broken into. The brand new disc-player had been stolen.

“I can’t believe it!” exclaimed Chaim. “My father just had it installed. It cost him $200.”

An argument broke out among the group about whether the boys were responsible. “We locked the doors,” said Benny. “What more could we do?”

“That still doesn’t mean we’re not responsible,” said Chaim. “A borrower is liable for theft even if he was not negligent.” (C.M. 340:1)

“I don’t mean to be rude, but you chose to park here,” said Reuven. “You could have parked in the lot, or on a main street. It’s less likely it would have been stolen from there. So, if anything, you’re liable.”

“This street is also not deserted,” replied Chaim. “There was nothing wrong with parking here, and we all borrowed the car.”

“I’m not sure of that,” argued Reuven. “You borrowed the car from your father. We just came along for the ride. Anyway, you drove here so you carry responsibility.”

“But I borrowed the car on behalf of everyone,” protested Chaim. “So you should all share the damage.”

“I think Rabbi Dayan hasn’t left the vort yet,” said Yoni. “We can ask him!”

The five of them returned inside. Chaim related the whole story. “Who is liable for the disc-player?” he asked. “Me or the whole group?”

“This is a bit of a judgment call, whether you accepted personal responsibility for the car, or you were the representative of the group to borrow it on their behalf,” answered Rabbi Dayan. “This could depend on whether you said ‘Could I borrow?’ or ‘Could we borrow?’ It could also depend on whether you were going to be the sole driver, or whether the driving would be shared among the group. In the usual case – that the one who takes the car is also the sole driver – it would seem he alone is the borrower. However, in this case the group was trying to organize a ride and you were going to share the driving, so it seems you are all borrowers.”

“If we are all considered borrowers, then what?” asked Chaim.

“Two people who borrowed together are jointly responsible and mutual guarantors for each other,” answered Rabbi Dayan. “Therefore, each of you should pay an equal share in the loss. If one is unable to pay his share, the others remain liable as guarantors for that amount. They are entitled to collect reimbursement from him later, when he is able to pay.” (C.M. 77:1; Machane Ephraim, Shomrim #27)

“What if one person was negligent?” asked Chaim. “For example, if I had forgotten to lock the doors?”

“Then you would be liable for the full amount,” said Rabbi Dayan. “If you were unable to pay, the other borrowers would still remain liable as guarantors but would be entitled to reimbursement from the negligent party when you are able to pay. (See Shach 77:1; Nesivos 77:1; Pischei Choshen, Pikadon 1:16 33)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Borrowed Car”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
A would-be preacher delivers his message of hate from the Muslim"holy site" on the Temple Mount.
Al Aqsa Mosque ‘Stand-Up’ Preacher Calls for Annihilation of the United States
Latest Judaism Stories
Rapps-Rabbi-Joshua-logo

The Jew, from the perspective of the name Yaakov, is dependent on the non-Jewish world. This can be seen today in the relationship between the State of Israel and the United States

Lessons-Emunah-logo

Yet, ultimately, looking back, these “setbacks” turned out to be really for the patient’s best – for the good.

Business-Halacha-logo

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

Although the conversion ceremony involves more than circumcision and immersion, these are the two essential requirements, without which the conversion is ineffective.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

Rashi in Shabbos 9b writes that the reason why the tefillah of Ma’ariv is a reshus is because it was instituted corresponding to the burning of the eimurim from the korbanos – which was performed at night.

It almost sounds as if Hashem is saying, “I have to keep Yaakov from getting too comfortable; otherwise he will forget Me. I can’t promise him sustenance because then he won’t need Me. He won’t write. He won’t call. He won’t love Me anymore.”

The Decree Of 1587
“Two Kabs Of Dinars Were Given…To King Yanai”
(Yevamos 61a)

Simply too many cases of prayers being answered to deny it makes a difference to our fate. It does.

Prayer is our language: Hakol kol Yaakov – the voice is the voice of Jacob – the voice of prayer.

Jacob cries, overcome by the knowledge that his great love for Rachel will end in unbearable pain.

There’s a perfect mirror between Jacob running away from Esav to when he reunites with his brother.

Yitzhak called you Esav and you answered him, then he called you Yaakov and you also answered him!”

Yitzchak thought the Jewish people needed dual leadership: Eisav the physical; Yaakov the spiritual

According to the Sefer Yetzirah, the nature of the month of Kislev is sleep.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

Business-Halacha-logo

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

“That’s what I thought, so I returned the money to Aharon,” said Reuven. “But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don’t know whether the $70 was connected to the note, and was Aharon’s for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note.”

On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev’s hand. It fell to the ground and a piece broke off.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/borrowed-car/2014/01/02/

Scan this QR code to visit this page online: