Chanukah was approaching. Each year, Mr. Lichter would light his menorah in the window of his house. His neighbor, Mr. Glazer, lit in a glass case outside his front door.
“We’re going on vacation next week,” Mr. Glazer said to Mr. Lichter shortly before Chanukah. “You’re in charge of lighting up the street!”
“Enjoy!” said Mr. Lichter. “Will you be here at all on Chanukah?”
“No, we’ll be away the entire Chanukah,” replied Mr. Glazer.
“If you’re away, would you mind lending me your glass case for the menorah?” asked Mr. Lichter.
“We won’t be using it, so I’m happy to lend it to you,” replied Mr. Glazer. “Stop by this evening.”
Mr. Lichter came in the evening and took the glass case.
On the first night of Chanukah, Mr. Lichter said to his family: “I borrowed the glass case from the Glazers. So this year I’ll light at the front door, like the original form of the mitzvah!”
“I see that we can put two menorot in the glass case,” said 15-year-old Shmuli. “Can I also light in the case outside?”
“If it fits, I don’t see why not,” replied Mr. Lichter. “What’s the difference if we add one more?”
Throughout Chanukah, Mr. Lichter and Shmuli lit in the glass case outside their door. On the last night of Chanukah, the flames burned brightly and warmed the winter night.
The family was inside, enjoying latkes and jelly doughnuts, when suddenly they heard shattering outside.
“What was that?!” exclaimed Mrs. Lichter.
Mr. Lichter hurried outside. He saw that the intense heat of the 18 flames had shattered the glass.
“Oh well, I’ll have to pay Mr. Glazer for the glass case,” Mr. Lichter said to his family. “Maybe it was wrong of me to let Shmuli also light in it.”
“Are we really required to pay Mr. Glazer?” asked Shmuli. “We learned this year that when a person borrowed something and it broke in the course of use, this is called meisah machamas melacha and the borrower is exempt.”
“Regardless, I don’t feel comfortable about it and will reimburse him,” replied Mr. Lichter. “I can’t answer, though, whether we are halachically liable. You can ask Rabbi Dayan.”
Shmuli approached Rabbi Dayan and asked, “Are we liable for the glass case? Were we allowed to put two menorot in it?”
“The Gemara (B.M. 96b) teaches that a person who borrowed something which died or broke through the course of work is exempt,” replied Rabbi Dayan. “The rationale is that the item was not borrowed to sit idle, but to be used” (C.M. 340:1).
“Nonetheless, this applies when the borrower used the item in the expected, normal manner. However, if he used it differently from the expected manner or excessively, he is liable (C.M. 340:1).
Thus, while a standard glass case has room to hold two menorot, the normal, expected usage is for a single menorah. Therefore, if you put in two menorot, which placed stress on the glass, you are liable, unless it is common in that locale to put two menorot in one glass case.
Moreover, a borrower should not use the item other than for the purpose for which he borrowed it. Thus, it is questionable whether it was permissible in the first place to use the glass case for two menorot (see Sma 340:7; Taz 340:1; C.M. 341:7; Nesivos 341:13; Pischei Choshen, Pikadon 9:[15]).
Radbaz (1:225) discusses whether a person who borrowed a clothing item can lie on it. Elsewhere (1:520) he discusses the extent to which a person can use a sefer or Sefer Torah that he borrows. He writes that this depends on the type of sefer and on the person who borrows the sefer – whether it is expected that he delve into it deeply or learn it perfunctorily. However, Radbaz concludes that the common practice is to use it broadly, because people are happy to have a mitzvah done with their property.” (Pischei Choshen, Pikadon 9:7[16]).
“Thus, it seems permissible to use the borrowed case for two menorot at the beginning of Chanukah,” concluded Rabbi Dayan, “but in the last few days, when there are many candles, one should not do so without explicit permission.”
Verdict: A borrower who uses the borrowed item not as intended is not exempt based on meisah machamas melacha. Moreover, he should not use the item differently from the normal manner nor for a purpose other than for which it was borrowed.
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This article is intended for learning purposes and cannot be used for final halachic decision. There are also issues of dina d’malchusa to consider in actual cases.
