Question:
Sholom Dayonim,
I borrowed a phone to use for zoom from someone who runs an internet filter who received the phone as a donation so they could test out their filter on the device. I received it with a crack in the screen which was exterior and didn’t affect the usage of the phone. I was told afterwards that it had been lent out to someone who dropped it, and they were מוחל him as it was still fully functional. I dropped it 2 weeks ago and it cracked badly enough that the screen needed replacing. How much am i חייב to pay, seeing as the first crack could have contributed to the crack? Furthermore do we go like the ש”ך סימן שפ”ז or like the נתיבות סימן קמ”ח? There is no סיכסוך between us at all, and the rest of the payment that i am not חייב to pay i am happy to pay for with מעשר. If the numbers help, it cost $42 to fix the screen.
Thank you
Answer:
Answer from Horav Y. Fleishman shlit”a
We don’t pasken generally like the Nesevos in 148 but I don’t know why this is important here. You do have to pay since it is you who broke it more. How much is tricky because it was partly broken but he wasn’t going to fix it so I think you should compromise and maybe pay thirty dollars.
Best wishes
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