Translation:Shulchan Aruch/Choshen Mishpat/311

Paragraph 1- If a boat had an additional 1/30 over its load and sunk, the renter would be required to pay its value.

Paragraph 2- If one rents a boat and it sunk halfway and the owner had said he is renting out this boat and the renter was renting it to transport wine, even if the renter already paid the owner must return all the payment because the renter can say to bring him this exact boat because he was very strict to have this boat, and he will bring the wine and transport it. If it is possible to get the boat of out the water and rent another boat with the money or with what is connected to the boat, he must rent, as was discussed above in Siman 310 regarding donkeys.

Paragraph 3- If the owner simply said he is renting him a boat, and the renter rented it to transport this wine, even if he did not pay anything yet to the owner, he would be required to pay all the money because he can tell him bring me the wine and I will bring you a boat from somewhere and transport it. He must deduct the cost of the burden of half the road, however, because one cannot compare the effort of travelling on a boat and sitting idle. There are those who say that he would only be required to give him rental for half the way.

Paragraph 4- If the renter said he is renting him this boat, and the renter rented to transport this wine, and the renter already paid, he cannot retract. If he did not yet pay, he does not have to pay because the owner cannot bring the actual boat and the renter cannot bring the wine.

Paragraph 5- If one simply rented a boat for wine, they would divide the cost. This is only where neither wants to complete the job. If the renter brings wine and the owner does not bring the boat, however, even if he already paid, he can take his money back from the owner.

Paragraph 6- If one rented a boat and unloaded halfway, he must pay the cost of the entire way. If the renter found someone who would rent the boat until it arrives at the location they agreed on, he would rent it and the boat-owner would only have the right to complain against the original renter. The renter must give the owner whatever loss resulted from removing the first merchandise and bringing in the second. Similarly, if he sold all of the merchandise on the boat to a third party halfway through the route, and the seller got off the boat and the buyer came down, the owner would take payment for half the rental from the first renter and the other half from the second one. The owner of the boat would have the right to complain because the renter caused him to have to handle another person’s personality whom he is not accustomed to. The same applies to anything similar.