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BAVA METZIA 97

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BAVA METZIA 97 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman ZT"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. (Sponsored by Rav Gustman's Talmidim.)
 

PAST DEDICATION
BAVA METZIA 97 (10 Av) - Dedicated by Mrs. Gitti Kornfeld in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

SUMMARY

If someone borrows an axe and it breaks from his negligence according to Rav he must pay for a new axe while R. Kahana and R. Asi hold he may give back the pieces and pay the difference between the value of the pieces and the value of a new axe.
 
If someone borrows an item and it breaks from routine work he must bring proof that he did not use the item in a manner that it was not intended to be used and he is Patur.
 
If someone borrows a cat in order to kill mice and the mice band together and kill the cat it is considered that it died from routine use and he is Patur.
 
According to the second Lashon the cat ate too many mice and it died it is considered that it died from routine use and he is Patur.
 
Rava says if a borrower wants to be Patur he should ask the lender to pour him a cup of water and if the lender is smart he will tell him first borrow it and than I will pour the water for you.
 
If a person borrows something from a teacher, gardener butcher, blood letter or a barber while he is doing work for him it is considered She'eilah with the owner and if an Ones occurs he is Patur.
 
If a Rosh Yeshiva borrows an item from one of his students it is regarded as She'eilah with the owner because the students are lending their services to the Rav because the Rav has the right to teach them the Masechta of his choice.
 
If the students borrow an item from the Rosh Yeshivah at the time of the Kalah when the Rav expounds on the Halachos of the upcoming Regel it is regarded as She'eilah with the owner because the Rosh Yeshivah is lending his services to the students because he may not teach anything other than the Halachos of the Regel.
 
If the owner accompanies the borrower for the purpose of making sure that he doesn't overload the animal it is not considered She'eilah with the owner.
 
If the owner lends his services to the Shomer and the Shomer is negligent it is a Machlokes if the Shomer is Patur.
 
If someone borrows a cow for half a day and rents it for the other half or he borrows it for one day and rents it for the next day or he borrows one cow and rents another and the cow dies and the owner claims that the borrowed cow died or on the day that it was borrowed it died on at the time that it was borrowed died and the borrower says he does not know he must pay. (1)
 
If the renter claims that the rented cow died or on the day that it was rented it died or during the time it was rented it died and the owner says he doesn't know he is Patur.
 
If the owner says he borrowed cow died and the renter says that the rented cow died the renter swears that it was the rented cow that died and he is Patur.
 
If the renter says he doesn't know if the borrowed cow died or the rented cow died and the owner also says he doesn't know the renter must pay half. (2)
 
If someone claims that his friend owes him a hundred Zuz and the friend says he doesn't know R. Huna and R. Yehudah says he is Chayav, while R. Nachman and R. Yochanan says that he is Patur. (3)

A BIT MORE

1. A borrower must pay if it dies even though it is an Ones, while a renter is Patur for an Ones. In this case the owner claims that the borrowed cow died, or it died during the period that it was borrowed and therefore he is Chayav for the Ones while the borrower says he doesn't know. Since the owner is certain and the borrower is uncertain he is Chayav.
 
2. R. Huna and R. Yehudah hold he is Chayav since the claimant is making a certain claim and the defendant is uncertain. The person with the certain claim may collect his claim even though the person with the uncertain claim is Muchzak. R. Nachman and R. Yochanan hold that that since the defendant is Muchzak on the money he doesn't have to pay even though he is uncertain because Ha'Motzi me'Chaveiro Alav ha'Re'ayah.
 
3. This is in accordance with Sumchus who holds that when there is a monetary Safek the Din is to divide the money between them, however according to the Rabanan the renter swears that he doesn't know and he is Patur because Ha'Motzi me'Chaveiro Alav ha'Re'ayah.

BRIEF INSIGHT

MEISAH MACHMAS MELACHAH
 
If someone borrows an item and it breaks from routine work he must bring proof that he did not use the item in a manner which it was not intended to be used and he is Patur. The Rosh says if someone borrows an animal and it slips and falls while it is walking or it suffered a heatstroke while it is walking it is considered a death from routine work. However, if the animal was walking and died suddenly without any indication that it was laboring or was overheated the Sho'el is Chayav because he can't swear that it dies as a result of its work because maybe even if it has stayed in its barn it would have died. However, if the animal died while it was walking and there was indication that it was laboring and was overexerted even if it suffered for a long while before it eventually died it is regarded as a death from routine work and the owner is Patur.

QUICK HALACHAH

SHE'EILAH WITH THE BA'ALIM
 

 
If someone borrows or rents an animal for the purpose of carrying a load and the owner accompanied him to help him load the animal it is regarded as a She'eilah with the owner even though the owner lent a hand voluntarily without being asked. If the owner didn't accompany him in order to lend a hand but only to make sure that he doesn't overload the animal it is not regarded as a She'eilah with the owner. (Shulchan Aruch CM 346:4)

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