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Borrowed Car

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“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.


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“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

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“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

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