web analytics
May 26, 2013 /17 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
The Tosfos Yomtov was convinced that the death of 300,000 –600,000 Jews during the Chmielnicki massacres of 1648-49 were because of improper Tefila. Communicated: Tefilla

Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.



Laptop Liability

tell a friend
Business-Halacha-logo

“Hi, Levi,” said his friend Moshe. “I’ve got a project to work on for the next two months. By any chance, do you have a spare laptop you’re willing to lend for the duration?”

“Funny that you’re asking,” replied Levi. “I just bought a new laptop but am planning to keep the old one as a spare. If you want to borrow it for two months, that’s fine.”

“Great!” exclaimed Moshe appreciatively. “When can I come by for it?’

“I’m not home today,” said Levi, “but any time tomorrow would be fine.”

The following day, Moshe came by and picked up the laptop.

A week later, while Moshe was working in the library, Baruch came by to visit. “I see you got yourself a laptop,” Baruch said. “When did you buy it?”

“Actually it belongs to Levi, a friend of mine,” said Moshe. “I borrowed it for two months to work on the project.”

While they were talking, Baruch accidentally knocked the laptop off the table. It fell to the floor and cracked.

Moshe picked up the laptop and examined it. “It’s ruined,” he said to Baruch. “The laptop is smashed and cannot be repaired. You’ll have to pay me for the laptop.”

“It wasn’t your laptop,” said Baruch. “I don’t owe you anything. When Levi asks for his money, I’ll pay him. For all I know, he’s not going to ask you to pay, anyway.”

Moshe called Levi. “A friend of mine, Baruch, broke the laptop you loaned me,” he said.

“Although I bought a new laptop, I still want the old one,” said Levi. “You’ll have to pay for it.”

“Baruch ruined the laptop, though,” Moshe said to him. “Ask him for the money.”

“I don’t know Baruch; I have nothing to do with him,” replied Levi emphatically. “You borrowed the laptop, you are liable for it. Either pay or get the money from Baruch and give it to me.”

Levi contacted Baruch, “Levi said that I should get the money from you,” he said.

“You’re responsible for the laptop,” said Baruch. “After you pay Levi, I’ll pay you, not beforehand!”

Frustrated, Moshe went back to Levi. “Baruch refuses to pay me until I pay you,” he said, “but why I should pay if he damaged the laptop? I don’t have the money to lay out.”

“It’s not fair that you push me from one to the other,” said Levi. “My head is spinning! Let’s take it up with Rabbi Dayan.”

Levi and Moshe went to Rabbi Dayan. “Who is liable for the laptop?” asked Levi. “Moshe, who borrowed the laptop, or Baruch, who damaged it?”

“The Gemara (B.K. 111b) addresses a similar case,” replied Rabbi Dayan. “If someone steals an item and then another person comes along and consumes it, both are accountable to the owner. The thief is liable because he stole the item. Nonetheless, the item still belongs to its owner, so that the one who consumed it damaged his property. Therefore, the owner can collect from either party, or even partial payment from one and partial payment from the other. The same is true in your case.” (C.M. 361:5)

“But I didn’t steal anything here,” objected Moshe. “I didn’t do anything wrong.”

“True, but a borrower is accountable to the owner for his item, even if lost through uncontrollable circumstances (oness),” replied Rabbi Dayan. (C.M. 340:1) “Thus, you owe Levi. Still, since the laptop was Levi’s property, Baruch is also liable toward him, so that Levi can collect from either of you.”

“Can I demand payment of the laptop from Baruch now, or only Levi?” asked Moshe. “Does Levi owe me anything?”

“Because you are responsible to pay for the laptop, and Baruch caused you a direct loss (garmi) by breaking it, he has accountability to you also,” answered Rabbi Dayan. “On the other hand, let’s say Levi were to forgo payment, you would not be able to demand payment from Baruch, since he did not damage your laptop and did not cause you any loss.” (See Pischei Choshen, Geneivah 4:34)

“What about the fact that I don’t have use of the laptop to finish the project?” asked Moshe.

“The Nesivos (341:11) suggests a novel idea regarding this,” said Rabbi Dayan. “Since you borrowed the laptop for two months, you have a legal right to use the item for that time; Moshe could not demand it back until the two months were up. Therefore, the Nesivos maintains that the value of that usage, the laptop’s depreciation, is owed to you, the borrower – not Levi, the owner. This only applies, though, if the item’s nature and the duration of the loan are such that the usage entails an accruable depreciation of the item. (See Chukei Chaim – Hichos She’eilah 2:12; P.C., Pikadon 9:14)

tell a friend

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.


You might also be interested in:


2 comments so far

You must log in to post a comment.

2 Responses to “Laptop Liability”

  1. Tish Stewart says:
    November 30, 2012 at 5:40 PM

    …

  2. Tish Stewart says:
    November 30, 2012 at 5:40 PM

    …

  3. Bebe Tracy says:
    December 11, 2012 at 11:09 PM

    I made a loan some time back to a female, who I was a friend to, and and she has made no attempt to repay the loan, and to make matters worse, she has tried to do damage to my name over this issue. I have concerns that she is out there, doing the same to others. Should I warn my friends in private , or public, or let the matter go. I know this for sure she has no intention of honoring her agreement.

SocialTwist Tell-a-Friend

Current Top Story
Sayed Nasrallah Speech
Nasrallah Vowing to Sustain Assad’s Regime (Dubbed Video)
Latest Judaism Stories
Leff-052413
Judaism → Parsha

Do you say Shema before you go to sleep? I’m sure you do.

But perhaps you, like many, feel too tired at night to say the entire tefillah of Kri’as Shema as it appears in the siddur. If you do say the entire tefillah, you will recognize a pasuk in this week’s Haftorah. And if you don’t say the whole Kri’as Shema al Hamitah, perhaps after this column, you’ll re-consider and find yourself connecting with the following very comforting pasuk.

Niehaus-052413
Judaism → Parsha

The sand is rapidly running through the hourglass, as the centrifuges in the secret Iranian nuclear plants spin furiously. It is quite clear that the Iranians are on the brink of attaining nuclear capability, and we are well aware of the danger that would face Klal Yisroel in that event, chas v’sholom. All the sanctions, threats, and computer worm attacks do not seem to be stopping them, and it is terrifying. And when we see how vulnerable we are to terrorist attacks anywhere in the world, we become even more terrified.

The-Shmuz
Judaism → Parsha

Miriam spoke disparagingly about Moshe Rabbeinu. Because of this, she contracted tzaras, and for seven days she was sent outside the camp of Israel.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Judaism → Halacha & Hashkafa

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

Judaism → Parsha

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Halacha & Hashkafa

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Judaism → Halacha & Hashkafa

Question: The Midrash notes that the song the Jews sang after they crossed the Red Sea (“Az Yashir”) was unique; its likes had never been heard before in the world. Our Sages even refer to it as a shirah chadashah, a “new song.” What made “Az Yashir” so unique and in what sense was it a “new song”?

Judaism → Columns → Lessons In Emunah

The rav was not a wealthy man, but earned enough to live comfortably. He earned his money by serving as the rav of a religious community in Yerushalayim. He also received some royalties from sefarim he had written over the years. He was well known, and many people approached him for a berachah, advice and help. They were not turned away.

Judaism → Columns → Rabbi Lord Jonathan Sacks

Tanach, the Hebrew Bible, is remarkable for the extreme realism with which it portrays human character. Its heroes are not superhuman. Its non-heroes are not archetypal villains. The best have failings; the worst often have saving virtues. I know of no other religious literature quite like it.

Judaism → Rebbetzin's Viewpoint

Last week I shared a letter from a newly observant Jewish woman. She and her husband reside in a small suburban community outside of Los Angeles. Last year they came to consult with me on a personal religious issue. While they were both ba’alei teshuvah, there was one fine difference between them. He had become a ba’al teshuvah earlier than she and was therefore somewhat more settled in an observant lifestyle.

Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Judaism → Halacha & Hashkafa

The winter was over, and the days began to get longer and warmer. The sun shone brightly in clear skies, grass and flowers were blooming, and the trees were producing layers of green foliage.

Judaism → Halacha & Hashkafa

Pleasantville was a quiet suburban town with large properties and curving roads that wound around them. Mr. Feder lived just behind the local shul. Since the road wound around his property, people coming to shul on Shabbos would often take a shortcut through his property to walk to shul. The treaded area of earth marked the place where people made their way weekly. The through traffic did not bother Mr. Feder, as his house was on the other end of the property. He never made a fuss about it, but had never officially sanctioned this public shortcut.

Judaism → Halacha & Hashkafa

Betzalel was a “fix-it” man who enjoyed carpentry as a hobby. He did many home improvements himself, which he found both economical and enjoyable. He was now building a swing set for his children, happily sawing, drilling, hammering, and bolting the pieces.

Judaism → Halacha & Hashkafa

For a number of years Mrs. Baum hadn’t worked but instead stayed home watching her young children. As their youngest child approached pre-school age, she decided to enter the work force again. Half a year before she planned to return to work, she began sending out resumes, networking and speaking with potential contacts.

Judaism → Halacha & Hashkafa

“Tonight is Bernie’s birthday,” Jeremy said to his friend, Adam. “We’re planning a surprise birthday party for him. Would you like to join?”

Judaism → Halacha & Hashkafa

Congregation Toras Yisrael decided to hold a learning program on Friday morning, Chol Hamoed Pesach. Two weeks before Pesach, the gabbai in charge of the program discussed possible guest speakers with the shul rabbi, Rabbi Brick.

    Latest Poll

    If you could only choose one of the following scenarios regarding Chareidi IDF service, which would you choose?





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/laptop-liability/2012/11/30/

Scan this QR code to visit this page online:

No related posts.

Close