“Baruch’s vort (engagement celebration) is tonight,” Chaim said to his friend Yoni. “How are you getting there?”

“I’m not sure,” said Yoni. “I’m looking for a ride. Will you be driving?”

“I wasn’t planning on it,” said Chaim. “I prefer not to take my parents’ car. Let me know if you hear of something.”

Towards evening, Yoni approached Chaim. “Four other people are trying to arrange a ride, but none have a car available,” he said. “Any chance of borrowing your parents’ car?”

“I’ll check,” said Chaim. Chaim called his father. “Five of us want to go to Baruch’s vort,” he said, “but we need a car. Could I take your car?”

“Who will be driving?” asked Chaim’s father.

“I’ll drive there,” said Chaim, “but I might be tired on the way back. Someone else may have to drive.”

“Do you know the other fellows?” asked Chaim’s father. “Have you ever seen them drive?”

“Yes, I’ve gone places with them,” Chaim answered. “All four are responsible drivers.”

“I guess you can have the car,” said his father. “Please drive carefully, though.”

Chaim called Yoni back. “My father gave the OK,” he said. “Meet me at 7:30 p.m.”

When they arrived at the vort, Chaim parked the car on a side street. He locked the car and checked the doors to make sure they were closed.

When they returned to the car after the vort, they saw that it had been broken into! The brand new CD player had been stolen.

“I can’t believe it!” exclaimed Chaim. “My father just had the system installed. It cost him $350.”

An argument broke among the group whether the boys were responsible.

“We locked the doors,” said Benny. “What more could we do?”

“That still doesn’t mean we’re not responsible,” said Chaim. “A borrower is liable for theft even if he was not negligent (C.M. 340:1).”

“I don’t mean to be rude or ungrateful,” said Reuven, “but you’re the one who borrowed the car. We just came along for the ride.“

“I borrowed it on behalf of everyone!” replied Chaim heatedly. “We should all share the loss.”

“Who says?” said Reuven.

“I think that Rabbi Dayan hasn’t left the vort yet,” chimed in Yoni. “We can ask him!”

The five of them returned inside.

Chaim related the whole story. “Who is liable for the CD player?” he asked. “Just me or the whole group?”

“This is a judgment call of the dayan, whether you alone accepted responsibility for the car or you were meant to be the representative agent of the group to borrow it on their behalf,” answered Rabbi Dayan (C.M. 200:1; 340:52). “This could depend on whether you said, ‘Could I borrow?’ or ‘Could we borrow?’ It could also depend on whether you were going to be the driver, or whether the driving would be shared by the whole group.”

“What would typically be assumed?” asked Reuven.

“In the usual case — that the one who takes the car is the sole or primary driver — it would seem that he alone is the borrower,” replied Rabbi Dayan. “However, if a group was going on a winter vacation or weekend trip, and all were splitting costs and sharing the driving, it would be more likely that the son is borrowing on behalf of the group.”

“If all are considered borrowers, then what?” asked Yoni.

“Two people who borrowed together are jointly responsible and mutual guarantors for each other,” answered Rabbi Dayan. “Therefore, each one would pay an equal share in the loss. If one is unable to pay his share, the others remain liable as guarantors for that amount, but are entitled to collect reimbursement from him when he is able to pay (C.M. 77:1; Machaneh Ephraim, Shomrim #27).”

“What if one person was negligent?” asked Chaim. “For example, if he drove too fast and got into an accident?”

“In that case, all would be liable towards the owner initially, since a borrower accepts full responsibility for the item,” said Rabbi Dayan. “However, the others would be entitled to reimbursement from the negligent one later (see Shach 77:1; Nesivos 77:1; Pischei Choshen, Pikadon 1:16[33]).”