Photo Credit:
“If that case, there is a three-way dispute as to whether you are considered a shomer chinam (unpaid guardian), a shomer sachar (paid guardian), or a sho’el (borrower) until you return it,” replied Rabbi Dayan. On account of this dispute, we would say hamotzi meichavero alav hareaya [the burden of the proof is on the claimant]. Thus, if you already paid, you would not be entitled to a refund, but if you hadn’t paid yet, you wouldn’t have to pay.”
Advertisement