“And if a man borrows anything from his neighbor, and it is injured or dies while its owner is not with it, he shall make full restitution. If its owner is with it, he shall not make restitution; if it is hired, it came for its hire.”
Two verses dedicated to borrowing rules. You borrow it, use it, and if you break it or
harm it (or kill it if it is an animal), you do so at your own expense and you
will be responsible to compensate the owner for it. Unless of course, the owner
was with you when this happened.
Here’s an example of how this may work out today: “Yes, you can borrow my extra pair of skis
while we ski together this weekend, and if they break, no problem. But if you borrow them again to go skiing
with your friends when I can’t and they break, you have to replace them.”
Chuck Smith suggests that the last two phrases of this
passage, namely “if it is hired, it came for its hire,” are, because they are
part of the whole last sentence implying that if someone borrowed or hired you
and your equipment or animal (to till the ground or for any other purpose) and
the equipment or the animal is damaged or ruined (or killed), then that was a known
inherent possibility in the deal and since the owner was present, the borrower
or the one that hired you and your equipment or animal is not responsible. Again, if I borrowed your pick-up truck to
move some furniture, and it broke down – I have to fix it. But if I asked you (or hired you) to bring
your truck and help me move some furniture, and it broke down, I am not
responsible morally to pay the costs of fixing it. (Unless, of course, I go over and above what
the law says.) When the owner is
present, the user is not as responsible.
Bottom lines continue to be:
Lender, be aware of the risks. Borrower,
be responsible when the risks occur.
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