Borrowed a car from a rabbinic decisor and damaged it through negligence
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Question
I borrowed a car from a friend and had an accident (I failed to give right of way). Since my friend is a mo"tzet (rabbinic decisor) for matters of family purity, does this count as shmirah be‑baalim (guardianship while the owner is with you), which would exempt me even from negligence, as we find regarding a sefer borrowed from a metta talmid chacham, a craftsman, or a butcher?
After looking into the matter a bit, another question arose: what would the halachah be if I had borrowed a car from someone who makes a living from the community, such as a municipal or state employee, a teacher, or a software developer in a government office?
Thank you very much.
After looking into the matter a bit, another question arose: what would the halachah be if I had borrowed a car from someone who makes a living from the community, such as a municipal or state employee, a teacher, or a software developer in a government office?
Thank you very much.
Answer
Shalom u’vrachah.
You are obligated to pay. A moreh hora’ah (halachic decisor) is not “hired out” to anyone; if he wishes, he answers, and if not, he does not. A municipal worker works for the municipality, not for private individuals.
Source
See Shulchan Aruch, Choshen Mishpat 307.
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