Q: I seem to recall laying out money to cover some shopping for my roommate and that he didn’t repay me yet, but I don’t remember clearly. Can I demand the money?

A: Since the lender is uncertain in his claim, if the roommate definitively denies the loan or claims that he definitely repaid, he is exempt and does not even have a moral obligation to pay or a requirement to swear (C.M. 75:17). If the roommate acknowledges a certain amount, he must pay that amount and is exempt from the remainder (see 75:18). Even if the roommate also is unsure whether he borrowed, he remains exempt (SM”A 75:22).

If the borrower admits to the loan, but is unsure whether he repaid, we learned last week that he must pay (75:10). In our case, though, where the lender is also unsure about repayment, there is a major dispute amongst the authorities. Some say that the roommate is obligated like any other borrower who is unsure whether he repaid, while some say that he has only a moral obligation to pay (see Shach 75:18), and others say that he is exempt and does not even have a moral obligation (Taz 75:10).