If one rents or borrows a car that has a nearly full tank of gas—may one return it with a completely full tank, or is this a concern of ribbis? Similarly, if one borrows or rents a WAZE device (common in Eretz Yisroel) that had a half-full battery, is it problematic to return it fully charged?
Distinction Between Borrowing and Renting
When it comes to the halachos of ribbis, there is a big distinction between she’eilah (borrowing an item for use and then returning the same item) and sechirah (renting), versus halva’ah (a loan). The Rosh in Bava Metzia (5:) writes that there is no ribbis prohibition in cases of borrowing or renting, since the item returned is the same item; the amount paid for a rental is to cover any depreciation that takes place. Therefore, renting a car for pay poses no ribbis concern.
However, regarding the fuel, the issue is somewhat different. While the car itself is rented, the fuel received with it is not; it is effectively a loan, since one uses up the original fuel and returns new fuel in its place. This raises the possibility of a ribbis issue if one returns more fuel than was originally received.
How to Avoid the Issue
However, there are several ways to avoid this issue entirely:
- Some say that one can stipulate with the owner that any extra fuel returned should be viewed as additional payment for the rental, not repayment of the loaned fuel, thus avoiding any concern of ribbis.
- Others say that since the exact amount of gas that was borrowed is unclear, there is no concern for ribbis. This is based on the Raavad in Sefer Temim De’im, who writes that if one gives extra merely out of doubt to ensure full repayment, there is no concern of ribbis on the addition. (Of course, this reasoning applies in context and must be used carefully.)
- Another possible explanation is that the extra is considered compensation for the wear and tear on the car while rented or borrowed.
And finally, among friends and relatives, people are not usually particular about small discrepancies in fuel, and therefore such additions are not treated as ribbis at all.
All of this relates to the case of a car with fuel. With regard to a WAZE device and its battery: Since this is a case of borrowing or renting (and not a monetary loan), we have already clarified that ribbis concerns do not apply.
Additionally, the electricity is provided as a gift, not with the expectation that it be returned full or empty— unlike the fuel in a car, which is generally expected to be repaid. People also generally do not care about the charge level of a returned device, and there’s effectively no market value associated with recharging such devices, especially when charging it in a car, which incurs no additional cost.
Even if there were a theoretical concern of ribbis here, it is entirely clear that the person is not returning the device with a fuller battery due to the loan, and therefore, there is absolutely no concern of ribbis in this case.
(Based on a halachah write-up from R’ Yaakov Skoczylas shlita)
