By Rabbi Meir Orlian | |||
#121 |
Shoftim |
24.08.2012 |
N/A |
Q: I accepted guardianship of an entrusted item together with someone else. How is the liability shared?
A: Two people who borrowed together are jointly responsible and mutual guarantors for each other. The same is true for two people who accepted guardianship together (C.M. 77:1).
Therefore, if the guardians are liable, each should pay half. If one is unable to pay his share, the other guardian remains liable as a guarantor for the full amount. He is entitled to collect half from the first guardian later, when the latter is able to pay.
[However, some authorities dispute this and maintain that guardians are not guarantors for each other; see Machaneh Ephraim, Shomrim #27; Pischei Choshen, Pikadon 1:16 (33).]
If only one party was negligent, he is liable for the full amount. If he is unable to pay, the second guardian still remains liable as a guarantor but is entitled to full reimbursement from the negligent party when he is able to pay (see Shach 77:1).
If one of the guardians transferred full responsibility to the other party, some maintain that the remaining guardian is liable alone (see Nesivos 77:1; P.C., ibid.).