Chapter 1: The Laws Governing Borrowing and Entrusted Objects

1. Liability for Borrowed Items Lost or Damaged

When a person borrows movable property such as an animal or utensil and it is lost, stolen, or destroyed—even by uncontrollable circumstances—the borrower is generally liable to pay for the full value. However, if the item was being used exactly as intended at the time of the incident, the borrower is exempt. For example, if an animal dies while plowing as agreed, the borrower is not responsible. But if the animal dies before or after the designated task, or during a different use, the borrower must pay.

2. Requirement of Proof for Exemption

If a borrower claims the item was lost or damaged during proper use, he must bring witnesses if the task occurred in a public place. If the task was performed in a private setting where witnesses are unlikely, the borrower must either bring proof or take an oath to be exempt from payment. Without either, he is liable.

3. Evaluation of Damaged Items

When a borrowed item is damaged, its value is assessed based on its condition before and after the damage. The borrower must return the damaged item and pay for the loss in value. If an animal dies, the borrower returns the carcass and pays for the depreciation.

4. Responsibility for Feeding and Depreciation of a borrowed animal

From the moment the borrower takes possession of an animal, he is responsible for feeding it until the end of the borrowing period. If the animal’s meat loses value due to natural causes, the borrower must pay. If the depreciation is due to the work performed, the borrower is exempt but must take an oath confirming this.

5. Duration of Borrowing and Rights of Heirs

If no time is specified, the lender may demand the item back at any time. If a time is agreed upon, the borrower acquires rights to use the item for that period, and even the borrower’s heirs may continue using it. If the heirs mistakenly believe the item belonged to their father and use or consume it, they must compensate the owner. If the father left an estate, payment must come from it.

6. Completion of Designated Task

If a borrower takes an item for a specific task, the lender cannot demand its return until the task is completed. For example, if someone borrows an animal to travel to a certain place, the lender must wait until the borrower completes the journey and returns.

7. Specificity of Use

If the borrower specifies a particular orchard for hoeing, he may only use the tool there. If he uses general terms like “an orchard,” he may use it in any orchard. If the tool wears out during use, returning the handle suffices.

8. Borrowing Based on Generosity

When a borrower asks for an item “according to your generosity,” it implies extended use without concern for time. If a formal agreement is made, the borrower may use the item until it is no longer functional. He must return the broken parts but may not repair the item to continue using it.

9. Borrowing a Stone Tub

If a borrower asks for a specific stone tub and it is destroyed, he may not rebuild it. If the request was general or included the location with a formal agreement, the borrower may rebuild the tub on the lender’s property to fulfill the original purpose.

10. Borrowing for Specific Occasions

The duration of borrowing depends on the occasion. “To spend the night” implies at least one day. “To spend the Sabbath” implies at least two days. “For marriage” implies at least thirty days. Borrowing garments for mourning or weddings allows use for the time needed to attend the event. If borrowed for one’s own wedding, the garment may be kept for seven days.