More Discussions for this daf
1. Responsibility from intention 2. Shelichus Yad 3. המפקיד חבית אצל חבירו
DAF DISCUSSIONS - BAVA METZIA 41

meir asks:

If I hold there does not have to be a loss,does that mean I hold like beis shamai regarding shelichos yad?

meir , usa

The Kollel replies:

You did not mention which ruling of Beis Shamai you are referring to, so I will assume that you are referring to the ruling of Beis Shamai on Daf 43b, who obligates a Shomer who merely intends to use the article even though he did not actually use it. Accordingly, the answer to your question is no. Unless the Gemara specifically says so, Amora'im will never hold like Beis Shamai against Beis Hillel.

We therefore must say that according to Beis Shamai, everyone agrees that one is Chayav even where there is no loss, and Rav and Levi are arguing abotu the view of Beis Hillel -- whether the Shomer is Chayav once he uses the article, or only once he has caused a loss.

B'Virchas Kol Tuv,

Eliezer Chrysler