[Avodah] Sho'el vs Loveh

[Zev Sero]

On 25/07/18 15:42, Micha Berger via Avodah wrote:


> Details of the nafqa mina aside, it hit me that I would translate both
> sho'el and loveh as "borrower" and have no idea how a given act of
> borrowing would make someone one and not the other.

You are correct that in English the same words, "lending" and 
"borrowing", are used for these two very different kinds of 
transactions.  Usually English is the most flexible of languages, having 
different words for even subtle shades of distinction, but in this case 
we have two concepts that are very different, and have different words 
in Hebrew, but English lumps them together.

She'eilah means borrowing an item that is to be returned.  The item at 
all times remains the lender's property, and the borrower merely has 
permission to use it.  The Torah has no objection whatsoever to charging 
money for such a loan, but if so it becomes a "sechirus", and in return 
for the money the owner assumes liability for unavoidable damage, but 
not for theft or loss.  Nor does shemittah turn the lender's property 
into the borrower's.

Halva'ah means that the lender gives the borrower an item with no 
expectation of it ever being returned.  On the contrary, it becomes the 
borrower's property, and the expectation is that the borrower will use 
it up, destroy it, give it away, etc.  However, in return for this 
"gift", the borrower assumes an obligation to give the lender an 
identical item on an agreed-upon date.  Logically such a service should 
also cost money, but when both parties are Jews the Torah demands that 
it be given and received for free, and shemittah cancels the borrower's 
obligation to the lender.

Think of the difference between borrowing a book or a car, and borrowing 
$100 or a dozen eggs, and the difference will be obvious.  When you lend 
someone money you expect him to spend it, and you would be astonished if 
he were to give you the same money back.  When you lend eggs you don't 
want them back!  Even if he hasn't eaten them, they won't be fresh.  You 
expect him to give you different money or eggs.  Therefore the laws of 
ribbis and shmitah apply.  But when you lend your car or a book, you 
don't want a different one back, even if it looks exactly the same; you 
want *your* car or book, and will be upset if he substitutes someone else's.


-- 
Zev Sero            A prosperous and healthy 2018 to all
zev at sero.name       Seek Jerusalem's peace; may all who love you prosper