Friday, November 17, 2023

Fwd: Business Halacha Daily


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From: Bais HaVaad Halacha Center <info@baishavaad.org>
Date: Thu, Nov 16, 2023, 8:00 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>


Borrowing Without Permission to Avoid Financial Loss


Question: Someone was searching for a siddur to use in shul but could only find a privately owned siddur. He knew that the owner was currently away on vacation and would not need it. Is it permitted for him to use that siddur without permission? Similarly, is it permitted nowadays to use someone else's talis and tefillin without asking if he does not have his own available?


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Answer: At first glance, this question appears to be one of sho'el shelo mida'as, borrowing an object without permission that belongs to another. As is well known, the Shulchan Aruch forbids using the item because it is considered stealing.


Although there may be room for potential leniency if the item belongs to a good friend whom one is certain would allow him to use it, there is another reason why borrowing the wagon in this particular case is certainly permitted.


There was a takana (enactment) instituted by Yehoshua when the Jewish people entered Eretz Yisrael that if one has a barrel of honey that begins to leak, one is permitted to take someone else's barrel of wine (which in those days was worth less than honey), pour out the wine, and use the barrel to save his honey, provided he pays him the value of the wine. In other words, Yehoshua permitted borrowing someone else's object to prevent a more serious financial loss.


Similarly, in our case, it is permitted to borrow the wagon to prevent the loss of the groceries. Moreover, one would be permitted to borrow the wagon even if the owner was not a close friend, as the basis for the enactment relates to avoiding a greater potential loss, which is relevant regardless of who the owner is.


One would obviously be required to return the wagon after using it. One would also need to compensate the owner if he happened to suffer any financial loss (e.g., the wagon broke).

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