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BAVA METZIA 80

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BAVA METZIA 80 (Tamuz 22) - dedicated by Zvi and Tamara Sand of Har Nof, Yerushalayim, in honor of the Yahrzeit of Tamara's father, Shlomo Zevulun ben Yakov Tzvi Ben-David.

SUMMARY

If someone rents a cow and plowing equipment for the purpose of plowing on a mountain and he plowed in a valley and the blade of the plow broke he is Patur, however if he rented it to plow in a valley and he plowed in a mountain he is Chayav. (1)
 
If he rented to plow in a valley and he plowed in a valley and the blade broke it is a Machlokes Amora'im if the worker who directed the animal is Chayav or the worker who held the blade is Chayav.
 
If they plowed in a particularly rocky mountain both the worker who directed the animal and the worker who held the blade is Chayav and they split the payment between them. (2)
 
If someone sells a cow or a maidservant and he enumerates a number of defects that it has if it does indeed have one of the defects that was mentioned it is a Mekach Ta'us. (3)
 
If it has all of the defects that was mentioned it is not a Mekach Ta'us.
 
If the seller mentions one particular defects and he says that it has other defects as well if it does indeed have the defect that was mentioned it is not a Mekach Ta'us.
 
If someone rents a donkey to load Lesech of wheat on it and he loads a Lesech of barley or straw on it according to Abaye if he loads an extra three Kavim he is Chayav for any damage that occurs to the donkey. (4)
 
Rava holds that he may load the donkey with barley up to but not equal to the weight of a Lesech of wheat and if he does load it up with barley that is equal to the weight of a Lesech of wheat he is Chayav for any damage that occurs to the donkey. (5)
 
Sumchus says in the name of R. Meir if the renter loads an extra Se'ah on a camel or an extra three Kavim on a donkey he is Chayav for any damage that occurs to the donkey. (6)
 
Someone who hires a person to carry a load for him if he adds an extra Kav to the agreed upon weight he is Chayav for any injuries that occur as a result. (7)
 
If someone rents a medium sized boat if he adds an extra Kor to the agreed upon weight he is Chayav for any damages and if it is a large boat he is Chayav if he adds an extra three Kor.
 
A repairman is considered a Shomer Sachar on the utensil that he is repairing, but if he notifies the owner that he should take his utensil and pay later on he is a Shomer Chinam. (8)
 
If someone tells his friend you guard an item for me and I will guard an item for you he is a Shomer Sachar.
 
If someone requests that his friend guard an item for him and his friend responds place it in front of me he is a Shomer Chinam.
 
If someone lends money on a Mashkon he is a Shomer Sachar on the Mashkon. (9)
 
R. Yehudah says if he lent money he is a Shomer Chinam on the Mashkon and if he lent fruit he is a Shomer Sachar on the Mashkon. (10)
 
Abba Sha'ul says that a lender may rent out the Mashkon of a poor person and subtract the rent from the loan because it is equivalent to returning a loan.
 
R. Meir says a renter is given the status of a Shomer Chinam while R. Yehudah says he is given the status of a Shomer Sachar. (11)
 
If a Sho'el instructs his friend to send the animal that he is borrowing with his son or servant and it dies on the way or if it dies while it is on the way to being returned to the owner the Sho'el is Chayav.
 
R. Chisda says if the borrowed animal dies when it is on the way to being returned the Sho'el is only Chayav if the loan period is not yet over but if the loan period is over he is Patur. (12)

A BIT MORE

1. A mountain is more rocky than a valley and therefore if the blade breaks he is at fault
 
2. Since it is very rocky the blade easily breaks they both should have been very careful and if it breaks it may have been the fault of the person who directed it and it may have been the fault of the worker who held the blade therefore it is a Safek and they both have to pay.
 
3. Even though the seller told him that it was defective the buyer did not believe him since he mentioned so many defects and therefore if it does have one of the defects that he mentioned it is a Mekach Ta'us.
 
4. Even though barley is lighter than wheat however volume is just as hard on the donkey as weight therefore if he adds three extra Kavim he is Chayav for damages even though the weight is less than the weight of a Lesech of wheat.
 
5. Rava holds that since barley is lighter than wheat he may load the animal with barley up to the weight of the wheat even though the volume is much greater because Rava holds that volume is not as hard on the donkey as weight, however if he loaded the animal with barley equal to the weight of the wheat he is Chayav for damages since it is the same weight and it is much greater volume.
 
6. According to Abaye this applies even in a case he loaded the donkey with a Lesech of barley instead of a Lesech of wheat that if he loads an extra three Kavim he is Chayav even though the weight is less, while Rava holds this statement of Sumchus only applies if he loaded the donkey with the produce that they agreed upon but if they agreed that he would load a Lesech of wheat on the donkey and he loaded it with barley he may load an extra Se'ah of barley.
 
7. Even though a person is a Ba'al Da'as and he should have thrown off the extra weight, however we are referring to case that before he had a chance to throw it off he crumpled under the load, or alternatively even if the load was not too much for him to handle he must be paid extra for the extra weight, or even though the load was too much for him to handle he didn't realize it as he thought it felt heavy because he was very fatigued and that is why he didn't throw it off.
 
8. A repairman is a Shomer Sachar because he is benefiting from the utensil in his possession because he can keep it in case his wages are not paid. However, if he notifies the owner that he should take it even though he has not yet received payment he is no longer holding it for his wages and therefore he is no longer a Shomer Sachar.
 
9. Since lending money is a Mitzvah the Mitzvah is regarded as his wages.
 
10. R. Yehudah doesn't agree with the Tana Kama that the Mitzvah is regarded as his wages, however if he lent fruit he is a Shomer Sachar because fruit is a perishable item.
 
11. Rabah Bar Avuha states the opposite in the Beraisa that R. Meir holds he is a Shomer Chinam and R. Yehudah holds he is a Shomer Sachar.
 
12. If the loan period is over even if it dies in the house of the Sho'el he is Patur.

BRIEF INSIGHT

SHOMER CHINAM
 
If someone requests that his friend guard an item for him and his friend says place it in front of me he is a Shomer Chinam. The Rashba asks that a Shomer is not responsible for a guarded item until he does Meshichah and therefore in this case since he did not do Meshichah he should not even be a Shomer Chinam and he should be Patur even for negligence. The Rashba answers that in this case he placed the item down in a Simta (alley) within four Amos of the Shomer and therefore the Shomer is Koneh with the Kinyan of four Amos. Another answer is that the owner gave him an animal to watch and the Shomer hit it with a stick causing it to move which is equivalent to a Meshichah.

QUICK HALACHAH

RENTING A DONKEY
 
All repairmen are Shomrei Sachar and if a repairman says take your item and bring money or he says I completed the work and the owner did not take the utensil the repairman is a Shomer Chinam. But if the repairman says bring money and take your utensil he remains a Shomer Sachar. If he says take your utensil and I am no longer guarding it he is not even a Shomer Chinam. (Shulchan Aruch CM 306:1)

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