Q. My rabbi/teacher took away my friend's E- cigarette which I was using. I was together with my friend at the time. Am I responsible to reimburse my friend for his loss?
A. In principle Shulchan Aruch (C.M. 291: 28 and 346: 1) rules that there is an exemption granted to a borrower, who normally has to pay for the loss of the borrowed object in most instances. The waiver is called of “B’olov Immo” or the lender was together with the borrower at the time he received the object. However, it only applies if the lender was hired or the lender himself was “borrowed” for doing work on behalf of the recipient of the lost item. The B’olov Immo exemption applies even in a case
where the borrower was negligent (pshiah) as could well be this case,
since he was probably using the E- cigarette in a place where it
could be confiscated. (C.M. ibid.). Since, this is a monetary case were there may be other crucial issues involved, as always, Horav Shlomo Miller’s opinion is that both parties together should be consulting a competent Rabbi.
If the Rabbi - Teacher involved, fits that description, it may be advisable to consult him.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Important Numbers
