web analytics
May 28, 2015 / 10 Sivan, 5775
At a Glance
Judaism
Sponsored Post


Laptop Liability

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)

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.

10 Responses to “Laptop Liability”

  1. Tish Stewart says:

  2. Tish Stewart says:

  3. Bebe Tracy says:

    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.

  4. Bebe Tracy says:

    One more thing.. you know I do not mind doing charity, if I know I am doing charity…. what gets me is the lies, and deception. I would not doubt this person makes more than my little disability check. Any comments! If you know who it is, pass the word, she still knows how to repay….. but I bet she will not.

  5. Rabbi Hershel Rabbs Remer says:

    I am sad that has happened to you. You have a big heart, and they trampled on it.

    To answer your question, I believe the Chafetz Chaim writes that before you tell anyone else, you must first satisfy 7 pre-requirements which he enumerates.

  6. Bebe Tracy says:

    Thanks Rabbi Hershel Rabbs Remer

  7. Rabbi Hershel Rabbs Remer says:

    You're most welcome

  8. Bebe Tracy says:

    I have so many things to be grateful for, I am letting this go, and will daven no one else is hurt, like this. That is the best thing to do. I am leaving the post up to caution others, not to loan, unless you can afford to call it a loss.

  9. Ruby Akhtar says:

    Rabbi all my life been suffering at age of 12 years old.

  10. Ruby Akhtar says:

    I have been robbed and helping others too.

Comments are closed.

Current Top Story
J-Street
J Street: The Jewish Enemy Within
Latest Judaism Stories
Leff-052215

There is a great debate as to whether this story actually took place or is simply a metaphor, a prophetic vision shown to Hoshea by Hashem.

Staum-052215

Every person is presented with moments when he/she must make difficult decisions about how to proceed.

Torat-Hakehillah-logo-NEW

One does not necessarily share the opinions of one’s brother. One may disapprove of his actions, values, and/or beliefs. However, with brothers there is a bond of love and caring that transcends all differences.

Torah

This Shavuot let’s give G-d a gift too: Let’s make this year different by doing just 1 more mitzvah

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if […]

God and the divine origin of His Torah are facts even though we do not fully comprehend them.

So if we basically live the same life, why should he get eternal reward and not me?”

The question is: What about pidyon haben? Can one give the five sela’im required for pidyon haben to a kohen’s daughter?

In Parshas Pinchas the Torah introduces the Mussaf for Shavuos by describing it as Yom HaBikurim when we bring the new offering.

Rachel was thrown by the sight and began to caringly think whom this person might be.

The desert, with its unearthly silence & emptiness, is the condition in which the Word can be heard

The census focused on the individual, proving each is created as irreplaceable, unique images of God

Jewish survival in a dysfunctional world requires women assuming the role Hashem gave them at Sinai

The Honor Of Reading The Kesubah
‘Witnesses Sign Only After Reading…’
(Kesubos 109a)

Why does the Torah use two different words for “to count,” and what does each indicate?

From Bemidbar on and in Nevi’im, the nation is viewed primarily by its component parts, the tribes

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

Business-Halacha-NEW

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

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

Scan this QR code to visit this page online: