By Rabbi Meir Orlian | |||
#116 |
Matos - Masei |
20.07.2012 |
N/A |
Q: I lent someone a car, a dress, or a tool, but now need it. Can I demand that the borrower return it immediately?
A: If no time was specified at the time of the loan, the lender can demand the item back at any time (unlike a monetary loan, which is generally granted for 30 days).
Conversely, until the lender asks for the item, the borrower can use it for as long as he wants; but he remains fully responsible during this time (C.M. 341:1; Nesivos 341:1).
If a time was specified, once the borrower took possession of the item in a manner of kinyan or began using it, the lender cannot demand it back until the agreed time is up. On the other hand, the borrower can return it earlier if he no longer wants it (RA”E 341:1).
If the item was lent for a specific purpose — a car to go on a trip, a dress to wear to a wedding, or a tool for a certain job — the lender cannot demand it back until the borrower completes the specified task (341:5). According to some authorities, this is true even if the borrower delayed a reasonable amount of time before using it (Aruch Hashulchan 341:7; Pischei Choshen, Pikadon 4:[13-14]).