2

If there was no duration assigned originally, when must an unpaid guardian return an object he was protecting? (e.g., Tom guards Harry's money for a couple weeks for free, but when Harry returns to retrieve his money Tom says, "Sure, I'm safely holding onto the money. I'll give it to you in a few more weeks.")

[Please provide sources]

  • 1
    Why do you assume there is a default expiration date? (Also, your example doesn’t match your question; in the example they designate a date.) – DonielF Feb 19 at 2:45
1

The Chofetz Chaim in Ahavat Chessed part 2 chapter 22 writes about a borrower

He must beware not to break the terms stipulated by the lender. If he does, he is termed a gazlan (robber). He may not use the borrowed article for any purpose not stipulated, nor may he retain beyond the allotted time.

Your case here is one of a guardian, not a borrower, but I believe the analogy holds and the guardian must return the object the first time he is being asked to (as this becomes "the alloted time").

By definition the guardian is not the owner, keeping it against the wishes of the owner is stealing. This can also be learned from the laws of lost objects (Devarim 22:2, MT Gezelah va'Avedah 11:1-2).

  • אין לו קנינו גזלה אלא אם כן שלח בו יד נדמה לי – kouty Feb 19 at 4:46
  • Thank you for the insight - would you please tell me where "By definition the guardian is not the owner, keeping it against the wishes of the owner is stealing" is defined? (It sounds obvious, but I'd like to see it inside a source) – NJM Feb 19 at 5:07
  • @NJM That the guardian is not the owner needs no source, it is a definition. That one should return an object immediately to its owner can be learned from the laws of lost objects (Devarim 22:2, MT Gezelah va'Avedah 11:1-2) – mbloch Feb 19 at 7:26

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .