Doubtful Damage

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Question

A car renter finds damage to the vehicle, and there is doubt whether it existed before the rental or if the renter caused it. Is the renter obligated to pay?

Answer

Since there is doubt about who caused the damage, money cannot be taken from the renter, and the owner must absorb the damage.

Source

See Ketzot and Netivot, Siman 191 and 242.

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