Liability for oness when renting electric bicycles
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Question
Shalom,
A person rented an electric bicycle, and in the rental conditions he accepted liability for oness (unavoidable damages). Is there any problem with this?
Answer
Shalom u’vracha,
There is no problem with this, even according to the Rema, since usually such devices incur depreciation, and he is paying for that depreciation.
Source
In Choshen Mishpat 176:3, the Shulchan Aruch and the Rema disagree whether it is permitted to rent out utensils that do not depreciate through use on condition that the renter accepts responsibility for oness. However, if there is depreciation, as explained in the Gemara and by the Rema there, it is permitted according to all opinions.
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