1)WHEN MUST THE OWNER SUPPLY ANOTHER DONKEY? (cont.)
(a)Question: We cannot say that the entire Beraisa is R. Shimon ben Elazar. He says that if Reuven rented a donkey to ride on and it Hivrikah or went crazy, Shimon must supply another!
(b)Answer (Rabah bar Rav Huna): That is only when he rented it to ride on (for this can lead to mortal danger). The Beraisa discusses one who rented it to carry a burden.
1.(Rav Papa): If he needs it to carry glass Kelim, that is like riding (they will break if it drops them).
(c)(Rav): If Reuven rented a donkey to ride on and it died in the middle of the way, he must pay for the rental until then. He has only complaints.
(d)Question: What is the case?
1.If he can find other donkeys to rent, why does he have complaints?
2.If he cannot find another donkey to rent, why must he pay?
(e)Answer: Really, he cannot find another donkey to rent (for the same rate). He must pay, because he did benefit getting to here.
(f)Question: What is the case?
1.If Shimon said 'I rent a donkey to you', he must provide another!
2.If he said 'I rent this donkey to you', if Reuven can buy another donkey with the money of the carcass, he may!
(g)Answer: The case is, he cannot buy another donkey with the money of the carcass.
(h)Question: If he can rent another donkey with the money of the carcass, he may!
(i)Answer: This is like Rav taught elsewhere, that we do not consume the principal.
(j)(Rav): If Reuven rented a donkey and it died in the middle of the way, if he can buy another donkey with the money of the carcass, he may. He may not use the money to rent a donkey.
(k)(Shmuel): The money can be used even to rent another donkey.
2)CONSUMING THE PRINCIPAL
(a)Question: What do they argue about?
(b)Answer: Rav holds that we do not consume the principal. Shmuel holds that we may consume the principal.
(c)Question (Beraisa): (Reuven took Shimon's tree according to Mashkanta of Sura. I.e. Reuven eats the Peros, and after a set time, the tree goes back for free.) If the tree dried (and no longer gives fruit) or was cut, neither Reuven nor Shimon may use it;
1.They should sell it and buy land. Reuven eats the Peros.
2.Since the land reverts to the owner in Yovel, the principal is consumed!
(d)Answer #1: The case is, the land was sold for 60 years.
1.(Rav Chisda): If one sells land for 60 years, it does not return in Yovel. "Lo Simacher li'Tzmisus" - Yovel returns only land that would never return if not for Yovel.
(e)Objection: In any case, the land returns after 60 years, so the principal is consumed!
(f)Answer #2: Rather, The Beraisa discusses a time when Yovel does not apply.
(g)Support: If the Beraisa permitted consuming the principal, there would be no need to buy land. He could use the tree for firewood!
(h)Rejection: Really, one may consume the principal. The Beraisa suggests buying land when the Mashkanta finishes before Yovel. This way, Shimon (the borrower) gets to use the land after the Mashkanta ends;
1.Alternatively, even if the Mashkanta ends after Yovel, Shimon might be able to repay the loan and redeem the Mashkanta before Yovel.
3)USING A SHIP FOR HALF A JOURNEY
(a)(Beraisa - R. Nasan): If Reuven rented Shimon's ship and it sank in mid-journey, if he already paid, he does not get his money back. If he did not yet pay, he does not pay.
(b)Question: What is the case?
1.If he asked to rent this ship to bring wine, if he already paid, why doesn't he get his money back? He wants the ship to bring (different) wine, and Shimon cannot supply it!
(c)Answer #1: Rather, he rented a ship to bring this wine.
(d)Rejection: If he did not yet pay, why doesn't he pay? Shimon says, when you have the wine ready (obviously, you cannot retrieve it from the ocean floor), I will supply you a ship to bring it!
(e)Answer #2 (Rav Papa): The case is, he rented this ship to bring this wine. (Since neither side can fulfill the deal, whoever holds the money keeps it.)
1.However, if he rented a ship to bring (any) wine, since both sides could fulfill the deal, he would pay half (whether or not he already paid).
(f)(Beraisa): If Reuven rented Shimon's ship and unloaded his cargo in mid-journey, he pays the rental for the portion traveled. Shimon has only complaints.
(g)Question: What is the case?
1.If Shimon can find someone else to rent the ship for the rest of the way, why does he have complaints?
2.If he cannot find someone else to rent it the rest of the way, Reuven should pay the full fare!
(h)Answer #1: Really, he can find someone else to rent it. He has complaints due to the wear and tear on the ship through loading and unloading.
(i)Objection: If so, Reuven should have to pay for this!
(j)Answer #2: Rather, he added cargo along the way. (He had agreed to pay according to the load; he pays for the added cargo for the second half of the way.)
(k)Question: Why does Shimon have complaints?
(l)Answer #1: Shimon was expecting to go and return quickly. Reuven caused a delay.
(m)Answer #2: Now Shimon must buy extra ropes (to pull it from the bank, since the ship is heavier and it must go in mid-river, where the water is deeper). Had Shimon known from the beginning, he would have brought enough ropes.
4)ONE WHO RENTS A DONKEY
(a)(Beraisa): If one rents a donkey to ride on, he may put on it his garment, food and drink for this journey. The owner can stop him from putting any more on it.
(b)The owner can put on it the donkey's food and his own food for one day. The renter can stop him from putting more than this.
(c)Question: What is the case?
1.If they will be able to buy food on the way, also the owner should be able to limit the renter to one day's food!
2.If they will not be able to buy food on the way, also the owner should be allowed food for the whole journey!
(d)Answer (Rav Papa): The case is, it is possible but hard to buy in between where they lodge at nights.
1.The owner is used to buying food this way, so he must do so;
2.A renter is not used to buying this way, so he may take food for the whole journey.
(e)(Beraisa): If one rented a donkey for a man to ride on, he may not have a woman ride on it (Rashba - if a woman rode, this is not negligence to be liable for Ones, but there are places where they charge more for women to ride);
(f)If he hired it for a woman to ride on, he may have a man ride on it;
(g)When he said that a woman will ride, she may be big or small, even pregnant, even nursing.
(h)Version #1 (Rashi) Question: If he may take a nursing mother (i.e. with her baby), all the more so he may take a pregnant woman!
(i)Answer (Rav Papa): The Beraisa permits even a pregnant woman who is nursing.
(j)Inference (Abaye): (The Mishnah already taught a big woman, and also needed to teach a pregnant woman.) This teaches that a fish with a big stomach weighs more.
(k)Version #2 (R. Tam) Question: If he may take a pregnant woman, all the more so a nursing mother! (One who was born helps bear his own weight. Also, a pregnant woman has much blood inside.)
(l)Answer (Rav Papa): The Beraisa permits even a pregnant woman who is nursing.
(m)Inference (Abaye): We learn (from the fact that a pregnant woman is heavier than a nursing woman with her baby) that a fish with a big stomach weighs more. (end of Version #2)
(n)Question: Why do we need to know this?
(o)Answer: It is useful for purchasing. (One should know that much of the weight of a fish with a big stomach is the innards, which people do not eat.)