Paying for damage by means of a loan
Question
You lent a charger to a friend, and he returned it broken and does not want to pay. Is it permitted for the injured party to borrow from him the amount of the damage, and at the time of repayment not to pay it back?
Answer
Shalom.
If there is no other option, it is permitted.
Source
In Shulchan Aruch, Choshen Mishpat, siman 244, se’if 11, it states that a person may sell an item to his creditor, and after the creditor gives the money, the seller can then say that with this money he is collecting his debt. The Rema in siman 190, se’if 6, writes that in the sale of land one cannot say this. The Sma distinguishes between land and movable property: since he is now selling him land, the creditor will have from where to collect his debt, and therefore the seller cannot retract from the transaction. See also siman 4, where we rule “avid inish dina lenafshei” — a person may, under certain conditions, take the law into his own hands — even in a case where there is no loss, though there are conditions to this; see there.
