1)BREACHES OF CONTRACT
(a)(Mishnah): If Reuven rented a cow to plow on the mountain, and he plowed in the valley, and the blade of the plow broke, he is exempt;
1.If he rented it to plow in the valley, and he plowed on the mountain and the blade broke, he is liable.
(b)If he rented it to thresh legumes, and he threshed grain, he is exempt. If he rented it to thresh grain and he threshed legumes, he is liable, for legumes are slippery.
(c)(Gemara) Question: If he did not deviate, which of the workers pays?
(d)Answer #1 (Rav Papa): The one holding the plow handle pays (he should have led it straight).
(e)Answer #2 (Rav Shisha brei d'Rav Idi): The one holding the blade pays (he inserted it too deeply in the ground.
(f)The Halachah follows Rav Shisha;
1.If it is known that it was a rocky area, they both pay (Rashi - either may have caused it to break; Tosfos - both were negligent).
(g)(R. Yochanan): If Reuven sold a cow to Shimon, and said that it gores, bites, kicks, and crouches, and only one of these was true, this is a mistaken sale. (Since Shimon saw that the others were false, he assumed that Reuven is merely saying these so Shimon can have no complaints);
1.If he mentioned the defect and another defect that is not true, the sale stands.
(h)Support (Beraisa): Reuven sold a slave to Shimon, saying she is a lunatic, epileptic, crazy - if only one of them was true, this is a mistaken sale;
1.If he mentioned the defect and another defect which is not true, the sale stands.
(i)Question (Rav Acha brei d'Rava): If it had all the defects, what is the law?
(j)Answer (Rav Mordechai): Rava taught that the sale stands.
(a)(Mishnah): If Reuven rented a donkey to bring wheat on it and he brought barley (of the same weight) he is liable (for any damage), for (added) volume is difficult k'Masa'uy (like added load, i.e. weight);
1.The same applies if he said that he would bring grain, and he brought straw.
(b)If he said he would bring a Lesech (15 Sa'im) of wheat and he brought a Lesech of barley, he is exempt;
1.If he brought a larger volume, he is liable.
2.Question: How much must he add to be liable?
3.Answer (Sumchus): If he adds one Se'ah on a camel, or three Kavim (half a Se'ah) on a donkey, he is liable.
(c)(Gemara - Abaye): The Mishnah says that added volume is difficult k'Masa'uy (like added weight);
(d)(Rava): It says that volume is difficult l'Masa'uy (for the load).
1.According to Abaye, volume is like weight. He is liable for three extra Kavim, even if the weight is less;
2.According to Rava, volume is difficult for the load. He is liable for three extra Kavim if the weight is the same.
(e)Question (against Rava - Mishnah): If he said he would bring a Lesech of wheat and he brought a Lesech of barley, he is exempt. If he brought a larger volume, he is liable.
1.Suggestion: He is liable if he added three Kavim (even though the entire load weighs less than what he said)!
(f)Answer: No, he is liable if he added a Se'ah (together, a Lesech and a Se'ah of barley weigh as much as a Lesech of wheat).
(g)Question (Seifa): How much must he add to be liable? Sumchus says, one Se'ah on a camel, or three Kavim on a donkey.
(h)Answer: It means, if he brought wheat (or barley) as he said, he is liable for adding one Se'ah on a camel, or three Kavim on a donkey.
(i)Question (against Abaye - Beraisa): If he said that he would bring a Lesech (15 Sa'im) of wheat and he brought 16 Sa'im of barley, he is liable;
1.Inference: He is not liable for an extra half Se'ah! (We do not ask against Rava. He could say that this amount of barley weighs as much as 15 and a half of wheat. Above (f), the Gemara said that a Se'ah of barley weighs as much as three Kavim of wheat. Rava could argue.)
(j)Version #1 (Rashi) Answer (Abaye): The Beraisa discusses 16 Sa'im that were leveled off (this equals 15 and a half Sa'im unleveled).
(k)Version #2 (Ge'onim) Answer (Abaye): The Beraisa discusses 16 worm-eaten Sa'im (since they are much lighter then wheat, he is liable only for 16).
(l)(Beraisa): The quantities of overloading are a Kav onto the load on a person, a Lesech on a small ship, a Kor (30 Sa'im) on a normal ship, and three Korim on a large ship.
(m)Question: A person should know if he is overloaded, and take off the extra!
(n)Answer #1 (Abaye): The case is, he fell before he had time to take it off.
(o)Answer #2 (Rava): The Beraisa teaches that one who overloads this amount must pay extra.
(p)Answer #3 (Rav Ashi): The carrier did not know that he was overloaded. He attributed his pain to weakness.
(q)(Beraisa): The quantity is a Kor on a normal ship.
(r)(Rav Papa): (The quantity is always one part in 30.) We learn that a normal ship carries 30 Korim.
1.This is pertinent to commerce.
3)LIABILITY OF CRAFTSMEN
(a)(Mishnah): All craftsmen are paid Shomrim.
(b)Anyone who told the owner 'take your item and pay' is a Shomer Chinam (one who guards for free).
(c)If Reuven told Shimon 'guard for me and I will guard for you', he is a Shomer Sachar (one who is paid to guard).
(d)If Reuven told Shimon 'guard this for me', and Shimon said 'leave it in front of me', he is a Shomer Chinam.
(e)If Reuven lent Shimon and took a security, he is a Shomer Sachar on the security;
(f)R. Yehudah distinguishes: he is a Shomer Chinam if he lent to him money, and he is a Shomer Sachar if he lent him to produce (for then he benefits; he is spared losses due to rotting).
(g)Aba Sha'ul says, a lender can rent out an Ani's security and deduct the money from the loan - this is like returning an Aveidah.
(h)(Gemara) Suggestion: Our Mishnah is unlike R. Meir. (A craftsman is like a renter, for he benefits the owner and also he benefits (employment) from the object, and the Mishnah says that he is a Shomer Sachar).
1.(Beraisa - R. Meir): A renter is liable like a Shomer Chinam;
2.R. Yehudah says, he is liable like a Shomer Sachar.
(i)Rejection #1: The Mishnah is even according to R. Meir. A craftsman is a Shomer Sachar because he is happy that the owner chose to hire him.
(j)Objection: If so, a renter should also be a Shomer Sachar, for he is happy that the owner chose to rent to him!
(k)Rejection #2: The Mishnah is even like R. Meir. A craftsman is a Shomer Sachar because he is happy that the owner gave him a bit more than the usual wage.
(l)Objection: If so, a renter should also be a Shomer Sachar, when the owner rented to him for a bit less than usual!
(m)Rejection #3: The Mishnah is even like R. Meir. A craftsman is a Shomer Sachar because he benefits from having the object to be security for his wages.
(n)Rejection #4: The Mishnah is like R. Meir and unlike R. Yehudah, according to Rabah bar Avuha's text of the Beraisa;
1.(Rabah bar Avuha - Beraisa - R. Meir): A renter is liable like a Shomer Sachar;
2.R. Yehudah says, he is liable like a Shomer Chinam.
(o)(Mishnah): Anyone who told the owner 'take your item and pay' is a Shomer Chinam.
(p)(Mishnah): If Reuven told Shimon 'send your animal (for me to borrow)' and it died on the way, Reuven is liable;
1.Similarly, if Reuven sent it back and it died on the way, he is liable.
(q)(Rafram bar Papa): This is only if he returned it within the time he borrowed it for. After this, he is exempt.