Tuesday, August 19, 2008

Husband and Wife borrowers


As part of the terms of Jewish marriage, a husband is responsible to financially support his wife, and he gains access to use of her property. Because this is an exchange, we view him as a 'purchaser' of his wife's property.

Therefore: If a woman borrows an item from someone, and then gets married, her husband may now use the item as well, but he is not considered to be a borrower. Rather, he is considered a purchaser.

The practical ramification of this arrangement is that the husband does not have a borrower's responsibility to protect the item from harm. He ihas simply purchased access to his wife's right to use the item.

(Shulchan Aruch Choshen Mishpat 346:17)

Have a great day,

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