Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Din & Daf: Borrowing without Permission: Why is it Problematic?

source sheet

The Gemara in BM 41a and 43b claim that one who uses another person’s items without permission is a thief and she is liable for damages if someone happens to the item even after she finished using it! Why should this be so, especially where the “borrower” returned the item to where she found it before anything happened to it? Is this categorization always relevant? In this shiur, we will examine the logic behind this categorization of thief, especially what it suggests about personal ownership in halakhah.