Monetary, Interpersonal Laws and Din Torah (21)
Laws Relevant to Renting Automobiles. Before Chanukah we discussed a number of laws relevant to cars. Since it is very common to rent cars, both from Jewish and gentile companies, it is good to mention some common cases addressed by halacha. When a person rents a car or any movable item, he has the responsibilities of a paid guardian (shomer sachar). Therefore, he is liable not only for damage or loss due to negligence - p’shiya - but also for theft and loss. He is exempt only from loss or damage due to extraordinary circumstances (oness). There is also additional responsibility to be more diligent than an unpaid guardian, and take the necessary precautions to avoid loss which would not be expected from an unpaid guardian (shomer chinam) (1). This is all when no specific conditions were stated, and the Torah standards prevail. However, if there is a signed contract with a different set of obligations, then the responsibility of the renter is to abide by the signed document.
Re-Renting to Others. A renter may not rent out to others (2) unless he was given express permission by the owner to do so. If he does so, there can be additional responsibilities on the first renter to even pay for results of unforeseen circumstances while it was by the second illegal renter. Similarly, he is not allowed to lend the item to another person. Also, if the company requires listing of all those who will drive during the rental and to see their driver’s license, one is not allowed to let others drive.
Using as Agreed. Whenever one rents an item, whether it is a car, tool, etc., it may only be used for the purpose agreed upon at the time of the rental (3). If no purpose was specifically mentioned, then the renter may use it for any purpose which is generally considered the accepted use of that item.
Defect in Rental Item. Any defect that was discovered in the rental item, and was there at the time of the rental, makes the owner responsible to provide a replacement, or if the renter agrees, to reduce the rental charge to appease the renter. As soon as the renter finds the defect, he must inform the owner. If he continues to use the vehicle and does not inform the owner when he could have, we say that he does not care enough about the defect and cannot claim any reduction.
(1) בבא מציעא צג:(2) שו"ע חו"מ שיז:ד (3) עיין שם ש"ח