Asking a borrower to return a lent item prior to the return date

Question:

I lent someone a college textbook last week which I would like to have returned to me being that I plan on starting to learn from it. The individual who I lent it to told me that they are not yet finished studying from it, and that if they would’ve known that I would ask for it back so soon, then they would’ve ordered their own last week. They also said that in general when you lend someone an item they don’t have to return it for 30 days, and hence they want to keep it for one more week and will then return it when they’re finished the book. Who was in the right here? Does a borrower really have a 30 day right towards a borrowed item, or can I request it back?

Answer:

While it is true that, unless explicitly stated otherwise, money that was borrowed does not have to be returned until 30 days pass, nonetheless, this does not apply by lent objects. Thus, if a return date was never given to the borrower, then the lender retains the right to demand the item to be returned to them even within the 30 days. However, if a return date was agreed upon and a Kinyan was done, then the lender does not retain the right to ask for the item to be returned to him prior to that date. Accordingly, in your case, if no specific date of return was discussed between you and the person you lent the book to, then you may ask for the book to be returned, and they have no right to keep it any further. However, if they asked to borrow it for a two week period, and you agree to it, then you don’t retain the rights to demand its return within those two weeks.

Sources: Michaber C.M. 341:1 and 5; Tur C.M. 341; Rambam Sheila 1:5; Rebbe Elazar in Bava Metzia 99a; Tosefta Bava Metzia 8:11; Rosh Makos 1:4; Maggid Mishneh Sheila 1:5; Rashi Shabbos 148a; Ramban Shabbos 148a; Makos 3b; Rashba Shabbos 148a; Ran Shabbos 63a; Shach 341:1; Smeh 341:1; 73:5; Beir Hagoleh 341; Pischeiy Teshuvah 341:1; Urim Vetumim 73:4; Nesivos Hamishpat 341:1; Avnei Miluim 28:6; Meil Shmuel 43; Mishpitei HaChoshen 341:1; Pischeiy Choshen 9:3-6 See regarding having 30 days to return money that was borrowed unless stipulated otherwise: Admur Hilchos Halvah Halacha 17 and Kuntrus Achron Hilchos Mezia Upikadon 2; Michaber 73:1; Makos 3b; Smeh 73:5; 341:1; See regarding that this does not apply by a borrowed item: Smeh 73:5; 341:1; Chikrei Leiv 3:128 Other opinions: Rabbeinu Tam in Shabbos 148a and Chulin 110b;