[Avodah] replacement value

[Micha Berger via Avodah]

On Mon, Jun 08, 2015 at 09:25:43AM -0700, saul newman via Avodah wrote:
: secular law  [US] recognizes that one need is not liable replace a lost
: item with a new one...                               what does bais din
: require?


According to the Business Halakhah Institute
<http://businesshalacha.com/en/newsletter/sefer-shul>:
    Many years ago I borrowed a Chumash with commentaries from a local
    beis medrash. I forgot to return it and eventually misplaced the
    sefer and I do not recall which volume I borrowed.

It was "borrowed", ie no reshus was asked.

    ... [Skipping from opening paragraph to bottom line...]

    Someone who borrowed a sefer without permission is obligated to return
    the sefer, the same as any other thief. Even if the owner despaired
    of retrieving it, e.g., he bought a new set, the obligation to return
    it remains in force (C.M. 354:2 and 360:5). If the sefers condition
    changed dramatically (shinui) or if it was lost altogether, the
    borrower is obligated to repay the value of the sefer (C.M. 360:5).
    
    In your case, since the sefer you borrowed is missing, there is no
    obligation to replace the actual sefer. Your obligation is to repay
    the beis medrash the sefers value at the time you borrowed it. In
    other words, you would pay the value of a used sefer rather than a
    new sefer, and there is no need to pay for a complete set.

But then, maybe that's under Gittin 55b, not making a ganav tear down
his house in order to return a stolen beam he built into it. But
that halakhah is to facilitate teshuvah after theft.

And so I won't generalized.

Also for hezeq, I know a maziq pays for his damage, and therefore only
has to pay replacement value -- what it would take to make things
right again.

But again, your case, a shomer or sho'el returning a lost item, could
be different.

I didn't yet find it. But I haven't entirely given up...

Tir'u baTov!
-Micha

-- 
Micha Berger             A cheerful disposition is an inestimable treasure.
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Fax: (270) 514-1507         - R' SR Hirsch, "From the Wisdom of Mishlei"