Dispute between borrower and lender regarding damage to an item
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Question
Shalom.
A boy borrowed a music player from his friend and returned it with some kind of damage. The owner of the player claims that the damage occurred while it was with the borrower, and the borrower claims that it was there beforehand. Is he liable to pay?
Answer
Shalom u’vracha.
If indeed the borrower is in doubt regarding the credibility of the owner of the player, he is exempt from paying.
Source
Siman 75, se’if "I do not know if I became obligated" — he is exempt in a human court, but if he wishes to fulfill the Heavenly obligation, he should pay.
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