Q. People who have a private minyan on Shabbos and yom tov come to a shul to pick up a sefer Torah before Shabbos, and the gabbai gives it to them. One day, they came close to Shabbos, and the gabbai did not feel comfortable giving them the Torah because he was concerned that they would be mechallel Shabbos when driving with the sefer Torah c"v. Even though in theory there was enough time before Shabbos for them to drive, but the gabbai did not want to take such a risk and told them that he is not giving the sefer Torah that week because they came too late and next week it shouldn't happen again, etc.
Does the gabbai have to ask mechila for the inconvenience this caused them?
Is there any difference if they are paying for using the Torah or not?
Does the gabbai have the right to use his discretion in such a case and if they came late, not to give them the Torah even though in theory there is enough time to drive before Shabbos and even though this will cause them inconvenience?
A. Horav Shlomo Miller’s opinion is that there is a difference if they pay for the Sefer Torah rental. if they pay for the service, the Sefer Torah should have been given to them, if in normal circumstances there is enough time to reach their destination before Shabbos begins. Therefore, they should be compensated, if service was denied.
If the service is for free, the elected gabay may set the conditions for the lending.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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