“If that case, there is a three-way dispute as to whether you are considered a shomer chinam (unpaid guardian), a shomer sachar (paid guardian), or a sho’el (borrower) until you return it,” replied Rabbi Dayan. On account of this dispute, we would say hamotzi meichavero alav hareaya [the burden of the proof is on the claimant]. Thus, if you already paid, you would not be entitled to a refund, but if you hadn’t paid yet, you wouldn’t have to pay.”
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 firstname.lastname@example.org. 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 email@example.com.
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