Responsibility for a Borrowed Item | Borrowed items | Ask the Rabbi - SHEILOT.COM

Responsibility for a Borrowed Item

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Question

Hello.

A Talmud Torah borrowed a loudspeaker from a gemach and returned it broken the next day. The breakage occurred because it was left overnight in the classroom, the children played with it, and it broke. Is the Talmud Torah responsible for what the children did?

Answer

Shalom u’vracha.

If this happened within the agreed loan period, they are liable, since a borrower is liable even for unavoidable accidents. If the loan period had already ended, they have the status of a paid guardian, and it must be clarified whether this was an unavoidable accident or not.

Source

Siman 343, se’if 1.

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