Lending a rented or borrowed item to another:[1]
*Important note: In all cases that the owner explicitly stated his desire vis a vis the item being used by another person, one must obey those desires, whatever they may be. The following Halacha refers to a case that no preconditions or stipulations were made with the renter/borrower in this regard.
Moveable objects and animals:[2]
One who borrows or rents an animal or moveable object is prohibited from lending it or renting it to another person, without explicit permission from the owner.[3] This applies even if the renter/borrower is the lowest of the low of a person while the new intended renter/borrower is the greatest of the great, nevertheless he may not lend or rent him the object without the owner’s permission.[4]
In one’s home or under one’s supervision: Coming up in Part 2!
Under one’s supervision: Coming up in Part 2!
Sefarim:[5] The above law applies even to [rented or borrowed] Sefarim that it is forbidden to lend or rent it to another person, without explicit permission from the owner.[6] This applies even if the renter/borrower is the lowest of the low of a person while the new intended renter/borrower is the greatest of the great, nevertheless he may not lend or rent him the Sefer.
Renting/lending to a person who one knows the owner trusts: Coming up in Part 2!
If the owner or borrower/renter will be together with the new renter: Coming up in Part 2!
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Summary: It is forbidden to rent or lend a borrowed or rented item to another unless one of the following conditions are fulfilled [to be elaborated on in Part 2!]: 1. The item is in one’s house. 2. One is supervising the other person using the item and is hence not entrusting him with it at all.[7] 3. One knows the owner generally trusts the second person with items of this value, and the second person will hold the same level of responsibility as the first. In addition to fulfilling one of the above conditions one must also fulfill the following condition: · Having a second person use the item does not use it up any more than having only one person use it.[8]
Q&A May one lend/rent the object to relatives and family members?[9] One may lend or rent a rented/borrowed object to any adult member of one’s household that is supported by him, such as one’s wife and adult children.[10] It however may not be lent/rented to other relatives that are not part of one’s household and are not supported by him, such as one’s brother or parents who live in a different home. It may also not be lent or rented to one’s children, sons or daughters, even though they are part of one’s household.
Q&A on Practical cases: May one who borrowed or rented a car give it to another person to drive? Contract: If one signed a contract that includes limitations as to whom one may allow to drive the car, then it is forbidden to give the car to someone who is not allowed to drive it in accordance to the contract. No contract: If one borrowed or rented a car without a contract or condition, such as from a neighbor and the like, one may only lend/rent it to another if one knows the owner generally trusts the second person to drive his car, and the second person will hold the same level of responsibility as the first. [One however may not lend/rent it to a person who the owner is not known to trust to drive the car, even if the renter/borrower will sit in the passenger’s seat and supervise, as perhaps the owner does not trust the person to drive properly.[11]]
May one who borrowed a pen give it to another person? It may only be lent to another person if one of the above listed conditions are fulfilled, such as the pen is in one’s house, or one supervises the other person while he uses the pen, or the owner generally trusts the person with his pen.[12] May one who borrowed a broom give it to another person? It may only be lent to another person if one of the above listed conditions are fulfilled, such as one is supervising the other person who is using the broom, or the owner generally trusts the person with his broom.
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[1] Admur Hilchos Sheila Usechirus 1-4
[2] Admur ibid Halacha 1; Michaber C.M. 307/4 regarding renting; 342/1 regarding borrowing; Bava Metzia 29b
[3] The reason: As perhaps the owner does not want his object in the hands of a person who is not as trustworthy in their eyes as the original renter/borrower. It is thus forbidden to transgress the desire of the owners. [Admur ibid]
[4] Admur ibid; Michaber 391/26 regarding Pikadon; Maharik 6/4
[5] Admur ibid Halacha 1; Michaber 342/1; Bava Metzia ibid
[6] The reason: Although it is a Mitzvah to lend Sefarim to another, nevertheless we do not say that one can assume that the owners are pleased that a Mitzvah be done with their objects, as perhaps they do not want their object in the hands of a person who is not as trustworthy in their eyes as the original renter/borrower. It is thus forbidden to transgress the desire of the owners. [Admur ibid; Bava Metzia ibid]
[7] So is learned from Admur ibid regarding the case of the Ship
[8] So is learned from the limitation applies that two people may not read the borrowed Sefer in the same home.
[9] Admur ibid Halacha 3 and Hilchos Metzia Upikadaon Halacha 30 regarding a Pikadon and the same would apply regarding a rented or borrowed object
[10] The reason: As explained in the laws of Metzai and Pikadon 30 that anyone who is Mafkid an item on to another, does so with intent that also the wife and adult children, or other household members of the person, be entrusted to care for the item, and be believed to guard it just like him. Thus, it ends up that when the Pikadon is left in the property of the household member, it is considered as if it is being left in the borrowers/renters possession which was originally entrusted with the object. [Admur ibid]
[11] It is thus not similar to the allowance of the Sefarim case, as all people can be assumed to know how to use Sefarim equally.
[12] Although the ink gets used up faster when two people use it, nevertheless, also Sefarim get used faster when two people use it, and in fact most items have wear and tear and the more they are used the faster their life span will come to an end and nevertheless we see that one may lend another the item when the above conditions are fulfilled. It was only in the book case that Admur prohibited allowing two people using it at the same time, simultaneously, being that when two people use it simultaneously there is a greater chance of damage.
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