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BAVA METZIA 36

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BAVA METZIA 36 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

SUMMARY

R. Yirmiyah says if a person rents a cow and subsequently lends it out to another person and it dies and both the renter and the borrower swear that an Ones occurred when in fact a it died naturally they both must bring a Chatas. (1)
 
If both the renter and borrower swear that it died as a result of routine work when it fact it was stolen they both must bring an Asham Gezeilos. (2)
 
If both the renter and borrower swear that it died as a result of routine work when it fact it died naturally the renter bring a Korban Chatas while the borrower brings an Asham. (3)
 
If both the renter and borrower swear that it died naturally when in fact it was stolen the renter bring an Asham Gezeilos while the borrower brings a Chatas. (4)
 
R. Ami says that a person doesn't bring a Chatas for a Shevu'as Bituy if he was compelled to swear by Beis Din. (5)
 
Rav holds if one Shomer gives over a Pikadon to another Shomer he is Patur even if the first Shomer was a Shomer Sachar and the second Shomer is a Shomer Chinam. (6)
 
R. Yochanan holds if one Shomer gives over a Pikadon to another Shomer he is Chayav even if the first Shomer was a Shomer Chinam and the second Shomer is a Shomer Sachar. (7)
 
Rava says the Halachah is that a Shomer who gives over a Pikadon to another Shomer is Chayav because the owner doesn't trust the second person with a Shevu'ah.
 
If a person rents a cow and subsequently lends it out to another person and it dies the renter shall swear that it died naturally ands the borrower must pay the renter for the value of the cow.
 
If someone gives money to a person to guard and he wraps it up and throws it over his shoulder or he give it to his children who are Ketanim and doesn't lock up in front if them properly he is Chayav to pay if anything happens to the money.
 
If a Shomer is negligent and allows an animal to escape to the swamp and it dies in the swamp naturally Abaye holds he is Chayav because it may have been the bad air of the swap which killed it. (8)
 
Rava holds he is Patur because it is not his negligence that caused it to die as the angel of death doesn't differentiate between a swamp and the house of the Shomer.
 
Abaye admits that if after the animal escaped to the swamp it was returned to the owner and than it died he is Patur because it was not the air of the swamp which killed it.
 
Rava admits if the animal was stolen after it escaped to the swamp and it dies in the hands of the Ganav that he is Chayav because even if it was still alive it would be held by the Ganav. (9)
 
It is a Machlokes if someone is Poshei'a but an Ones occurred causing it to be damages if he is Chayav or Patur. damage resulted from
 
If a Shomer brought an animal to the top of a cliff and it fell off and died he is Patur but if it died naturally on top of the cliff he is Patur. (10)
 
If the animal went up on its own to the top of the cliff and fell off and died the Shomer is Patur.

A BIT MORE

1. Since they swore falsely they must bring a Chatas that is brought for a Shevu'as Bituy; they do not bring an Asham Gezeilos which is brought for falsely denying a Pikadon because they did not deny the Pikadon as there is no difference between dying naturally or any other Ones and in both cases the renter is Patur and the borrower is Chayav.
 
2. Both a borrower and a renter are Patur if it died from routine work and therefore they are denying the Chiyuv to pay the owner for the stolen Pikadon because even a renter is Chayav to pay if it is stolen and therefore they must being a Korban Asham.
 
3. The renter brings a Chatas for swearing falsely and not an Asham because he is Patur for an Ones and therefore he is not denying a Chiyuv for the Pikadon, while the borrower is Chayav for an Ones and he is denying a Chiyuv by claiming it died from routine work and therefore he must bring an Asham Gezeilos.
 
4. The renter is denying a Chiyuv for the Pikadon since he is Patur when he claims it was an Ones, while the borrower is not denying a Chiyuv because he is Chayav both for an Ones and for Geneivah.
 
5. R. Ami disagrees with the opinion of R. Yirmiyah of the previous Gemara which obligates a borrower or renter to bring a Chatas if they swear falsely and are not denying a Chiyuv even though they were compelled by Beis Din to swear.
 
6. If an Ones occurred to the Pikadon while it was in the care of the second Shomer the first Shomer is Patur is not considered a Peshi'ah to give it over to another Shomer because he gave it to a Ben Da'as (a responsible person).
 
7. Abaye explains because the owner doesn't want his Pikadon in the hands of another person.
 
8. A swamp is a place that is not guarded from thieves and wolves but the animal died naturally according to Abaye it was his negligence of allowing it to escape to the swamp which caused it to die because the air in the swap is very poor.
 
9. As soon as the animal is stolen it is regarded as lost from the owner and the Shomer is Chayav to pay immediately upon the Geneivah therefore even though it would have died anyway even if it was not stolen he is Chayav to pay.
 
10. According to Abaye even though the death if the animal may have resulted from the thin air on the cliff or from the strain of climbing to the top of the cliff it is not considered negligence because in this case he brought it up to the cliff because if the superior pasture on the cliff.

BRIEF INSIGHT

TRUSTING A SHEVU'AH
 
Rava says if one Shomer gives over a Pikadon to another Shomer he is Chayav even if the first Shomer was a Shomer Chinam and the second Shomer is a Shomer Sachar because the owner doesn't trust the second person with a Shevu'ah. The Rif says if witnesses testify that an Ones occurred in the hands of the second Shomer and consequently no Shevu'ah is necessary the first Shomer is Patur even according to Rava. Even though giving the Pikadon to another person is forbidden because it is a transgression of the will of the owner that is not sufficient reason to be Mechayev him because the Halachah is not like R. Meir who holds that anyone who transgresses the Da'as of the owner is regarded as a Gazlan.

QUICK HALACHAH

ONE SHOMER TO ANOTHER
 
If one Shomer gives over a Pikadon to another Shomer he is Chayav even if the first Shomer was a Shomer Chinam and the second Shomer is a Shomer Sachar because the owner can say your Shevu'ah is trustworthy to me but his Shevu'ah is not trustworthy to me, even if it is obvious to everyone that the second person is a better and more trustworthy person than the first Shomer. However, if the first Shomer gave it to the second Shomer in front of the Mafkid and he didn't protest he is Patur. (Shulchan Aruch CM 291:26)

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