By From writings of Harav Chaim Kohn shlita | |||
#328 |
Nitzavim |
28.09.2016 |
N/A |
Q: I rented a van for the day to move some furniture. Because of police activity, the street where I parked was cordoned off the entire day. Must I pay the rental fee?
A: When the rental item is unusable due to external oness, Chazal established (B.M. 77a) that if the misfortune is attributed to the renter he must pay, whereas if it is attributed to the owner he loses the fee (C.M. 310:1).
Sma (301:2) explains that if the misfortune occurred en route during the use it is attributed to the renter, since the misfortune would not have occurred had the item remained home with the owner. Nesivos (310:2) explains that if the item itself was afflicted and rendered unusable or will never return, it is the misfortune of the owner; whereas if the item remains intact and will return, even though the renter was restrained from its use, it is considered the renter’s misfortune. Thus, according to both explanations you are liable (Pischei Choshen, Sechirus 3:3).