Translation:Shulchan Aruch/Choshen Mishpat/341

Paragraph 1- If one borrows a vessel or animal without specification, the owner may claim it any time he wants. If he borrowed it for a set time, once the borrower pulls the item and takes possession of it, the owner cannot take it back from him until the loan period has concluded. Even if the borrower dies, the inheritors can use the item until the time period has concluded.

Paragraph 2- If one borrows an inn from another to stay over in, the loan would be no less than one day. If he borrows to rest in it, it would be no less than two days. If he borrowed for a wedding, it would be no less than 30 days. If one borrowed a shirt from another to go to a mourner’s houses, the loan would be for the time needed to go and return. If he borrowed to go to a feast, the loan would be for that whole day. If he borrowed for his own feast, the loan would be no less than seven days. There are those who say that where one borrows for a house of mourning, the owner would not be able to take it back until the days of mourning are completed. If he borrowed for the festival, the loan would last until the festival is concluded. If he borrowed for a feast, the loan would last until the days of the feast ended.

Paragraph 3- If inheritors’ father left them a borrowed cow, they may use it for the entire duration of the loan. They would not be responsible for unavoidable accidents, even if they use it. They would be liable like a paid watchman, however- see above 72:10- even if they did not use it. There are those who say that if the owner told the orphans to return the cow he lent their father or accept responsibility for unavoidable accidents, we would listen to him.

Paragraph 4- If the orphans thought the animal belonged to their father and they slaughtered it, they would pay for the cheap rate of meat, which is 2/3, and will pay for the entire amount of the skin. If their father left property and they slaughtered the animal, they would pay its value from the property.

Paragraph 5- If one borrows a vessel to do a specific job, once the borrower pulls, the owner cannot take it back from him until the borrower performs that work. Similarly, if one borrowed an animal to travel to such and such place, the owner cannot take it back from the borrower until he goes there and comes back.

Paragraph 6- If one borrows a vessel from another to use it, and he told the owner to lend him “in your goodness,” which means that he is not lending it as a standard loan, but rather out of the goodness and generosity of this heart in that he does not care about the timeframe, and he made a kinyan from the owner, the borrower may use the item forever until the vessel can no longer be used for its work. He would return the broken parts or whatever is left and the borrower would not be required to return or repair the vessel or make a new one. There are those say that if the borrower says to lend him the vessel “while it is good,” it would be loaned forever because “while it is good” implies so long as it is good. Even if he returns it to the owner he can take it back when he needs it. This is only true where he made a kinyan from the owner. If he did not make a kinyan, however, he cannot take it back once he returnsit. If the item broke he would return the broken parts.

Paragraph 7- If one tells another to lend him a hoe to dig up this orchard, he can only hoe this orchard and he is not permitted to hoe a different orchard, even if it is similar to this one. If the borrower said an orchard without specifying, he can hoe whichever orchard he wants, even if it is not his. If he borrowed it to hoe many orchards, he can hoe all of his orchards. Even if the entire iron was destroyed from the hoeing, he would return the wooden handle to its owner. There are those who say he can only use it for that year, but not for the following year.

Paragraph 8- If one tells another to lend him this well, and the well fell, the borrower cannot rebuild it. If he said to lend him a well, without specifying, and the well fell, he can rebuild it until he irrigates all his fields. If the borrower said to lend him the area of the well, he can build anytime he wants on the owner’s land. He can build whatever area he needs so that the well can irrigate all his fields or animals, based on whatever condition he made with the owner. This assumes he took the area with a kinyan from the owner.