A phone damaged at the sea | Sheilot

A phone damaged at the sea

Question

I took a phone from the yeshiva’s gmach ("gmach" – free-loan service) and went with it to the beach at night. I placed the phone on the sand next to all my clothes, near the lifeguard’s hut. Suddenly a big wave came, which was not expected to reach the lifeguard’s hut, and it washed over all the clothes and the phone, which was damaged and stopped working.

Am I obligated to pay the yeshiva for the damaged phone, or since the wave was unexpected, and I also put my other belongings in the same place, am I considered an ones (a victim of unavoidable circumstances) and exempt from payment?
P.S. A few minutes before the incident I saw a wave that came quite close to the lifeguard’s hut, but it did not occur to me that a wave would come that would actually pass the lifeguard’s hut and reach close to the canopies.

Answer

Shalom u’vracha 

You are a borrower, and a borrower is liable even for damages caused by unavoidable circumstances (ones).

Answered 18 March 2026 How answers are reviewed
Rabbi Israel Cohen
Answered by
Answers questions at Rav Amram Fried's Beit Horaah
Smicha "Yoreh-Yoreh" (2012), Rav Amram Fried's Beit Horaah
Orach Chaim, Yoreh Deah
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