Q: I hired a rocket to launch a satellite. Due to a freak accident, the rocket and satellite exploded after launch. Must I pay the launch fee?

A: If the agreement specified the cargo, but not the ship, the renter must pay, since the shipper can still uphold the agreement with another ship, whereas the renter cannot provide the specified cargo.A: The Gemara (B.M. 79a-b) discusses a parallel case: Someone hired a ship to transport cargo and the ship sank. The ruling depends on the details of the agreement.

Conversely, if the agreement specified the ship, but not the cargo, the shipper must refund any payment, since he cannot uphold the agreement, whereas the renter can provide other cargo.

If both were specified, whoever holds the money retains it, since neither can uphold the agreement.

If neither was specified, both can uphold the agreement with another ship and cargo; if neither is interested, they split the rental fee; if only one party provides an alternate, he has the upper hand (C.M. 311:5; Shach 311:2).

The same is true in our case, unless the contract specified otherwise.