web analytics
July 22, 2014 / 24 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Home » Judaism » Parsha »

Book Money

Business-Halacha-logo

Nachum was doing a research project on the Rambam for one of his courses. He borrowed a number of sefarim from his yeshiva’s library for a month while writing the paper. When he completed the assignment, he gathered the sefarim together to return them to the library, but noticed that one sefer was missing.

“Where could it be?” Nachum asked himself. He looked high and low, but nowhere was the sefer to be found. He asked his family whether they had seen the sefer anywhere, but no one had seen it.

Finally, Nachum gave up looking for the book. He brought the other sefarim back to the library. “I’m returning the sefarim I borrowed a month ago,” he said to the librarian. “I seem to have lost one sefer, though.”

“Which one was lost?” asked the librarian. “You’ll have to pay for it.”

“It was a new, precise edition of the Yad Hachazakah,” replied Nachum. “How much does it cost?”

“That sefer runs about 50 dollars,” said the librarian. “It was a bit expensive.”

Nachum thought for a moment. “I can get an almost brand new copy,” he said. “I have a relative who mentioned he has a spare copy and once offered it to me.”

“Actually, we have two other copies of that sefer,” said the librarian. “We don’t really need a third copy of that particular edition and would like the cash.”

“But why should I do that?” replied Nachum. “I can get the book for free from my relative!”

“When you lost the book, you became obligated to pay for it,” the librarian stated. “You owe us money, and can’t give a book instead of payment.”

“Why do I owe you money?” argued Nachum. “I borrowed a sefer. Had I not lost it, I would have simply returned it. What’s the difference whether I return it or a comparable copy?”

“If you were returning the original, fine!” insisted the librarian. “However, now that you lost it you need to pay, and we’ll do with the money as we see fit!”

“That doesn’t seem logical,” responded Nachum. “I’d like to discuss the case with Rabbi Dayan!”

“Fine with me,” said the librarian. “Let’s go!”

The two went to Rabbi Dayan. “I borrowed a special edition of Yad Hachazakah from the library and lost it,” explained Nachum. “The library wants me to pay cash for it, but I can get a free copy from my relative. Can I just give back that copy or can the library demand cash payment?”

“You can return another copy of the book,” ruled Rabbi Dayan, “provided that it is in comparable condition to the one you borrowed.”

“Why is that?” asked the librarian.

“There is a significant discussion in a case of damage whether the primary responsibility is to repair the damage or to pay compensation for the monetary loss,” explained Rabbi Dayan. “We’ll leave that particular discussion for another occasion, but it seems clear that a borrower’s primary liability is to return the borrowed item or its replacement.”

“Furthermore, the Shulchan Aruch and most authorities rule that even a thief or one who damages can pay with moveable items (metatelin) in lieu of cash. The logic is that such items can easily be sold and converted to cash. We evaluate the item according to how much it can be sold for at that time and place.” (B.K. 7b; C.M. 419:1, 101:9)

“Nonetheless,” concluded Rabbi Dayan, “if a library has clear terms that lost books must be paid for by cash value, those terms would be as binding as any other monetary agreement.”

“I’m wondering about another point,” Nachum said. “What if the borrowed item changed price between the time it was borrowed and when it was lost? Which price would you 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 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 “Book Money”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Golani 13
1 MIA as IDF Names 6 Additional Members of the Golani 13
Latest Judaism Stories
PTI-071814

Perhaps, just perhaps, we can relate to this: whenever we feel distant from Hashem, that is the Churban.

Parshat Matot

Over the next 2 weeks covering portion Matot and Maasei, Rabbi Fohrman will bring order to confusion.

Lessons-Emunah-logo

Our home is in the center of the Holy Land, surrounded by (what else?) green hills and valleys.

Business-Halacha-logo

“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!”

Question: I recently returned from a trip abroad and wanted to say HaGomel. When I mentioned this to the officers of my synagogue, however, they told me – as per the instructions of the synagogue’s rabbi – that I would have to wait until Shabbos to do so. I was not given any reason for this and did not wish to display my ignorance, so I quietly acquiesced. Can you please explain why I had to wait?

Name Withheld
(Via E-Mail)

We may not recognize the adverse affect of eating forbidden foods, but they leave an indelible imprint.

There are several rules that one must adhere to when making a neder.

Important message for Jews in the Diaspora: In times of need run to Israel rather than from Israel.

The negotiation between Moses and the tribes of Reuven and Gad is a model of conflict resolution.

Once again we find ourselves alone – a little lamb among wolves.

When we return to our routines, things don’t have to go back to exactly the way they were.

The Three Weeks determines the “who we are and how we live” as Jews.

Sometimes when Chazal say that two different people are really one, they do not mean it literally, but rather figuratively.

The midrash says that Pinchas, (this parsha), and Eliyahu, prophet of Kings, are one and the same.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“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!”

Business-Halacha-logo

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

“I have no doubt you should pay the full value of the repair,” replied Zvi, “but I’m willing to ask Rabbi Dayan how much you owe.”

    Latest Poll

    Israel's Iron Dome Anti-Missile System:





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/parsha/book-money/2014/01/30/

Scan this QR code to visit this page online: