Regarding
one who rents a boat to transport wine and it sinks midway through the
voyage, Rabbi Nathan said that if the renter already paid the rental
fee, he cannot have it back, but if the renter had not yet paid the
fee, he does not pay it.
What
are the circumstances? If the contract was for a specific boat and any
wine, the renter should get back the fee, since the owner cannot
provide the boat. And if the contract was for any boat and specific
wine, the owner should keep the fee, since the renter can't provide the
same wine.
However,
the case here is that the contract was for a specific boat and specific
wine. Since each party can blame the other for not fulfilling the
contract, the payment stays where it is now.
