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|BAVA KAMA 57 (17 Shevat 5784) - Dedicated by Mrs. Idelle Rudman in memory of Harav Reuven Moshe Rudman ben Harav Yosef Tuvia Rudman on his Yahrzeit.
If someone returns a lost object in the morning to a place where the owner will see it he is no longer responsible for it. (1)
If he returns the lost object in the afternoon to a place where the owner will see it since it is a time that the owner is not usually around if it is stolen or lost he is Chayav to pay.
Even though Rabah holds that a Shomer of a lost object is a Shomer Chinam if he found livestock and it is stolen or lost he is Chayav because since it was in the habit of escaping he should have guarded it better. (2)
A lost object may be returned to the garden or yard of the owner because the Da'as of the owner is not required when returning a lost object.
If a Shomer of a lost object swears that the object was stolen and it is found in his hands he must pay Kefel. (3)
Rebbi Yosef says that an armed bandit is regarded as a Ganav, not a Gazlan, because he hides out from people.
A Sho'El is Chayav for an Ones and it is Kal va'Chomer that he is also Chayav for Geneivah and Aveidah.
If someone rents a cow and it is stolen and he says that he will pay instead of swearing if the Ganav is found the Kefel is paid to the renter.
It is Machlokes between Rebbi Yehudah and Rebbi Meir whether a renter has the status of a Shomer Sachar or a Shomer Chinam. (4)
If a cow falls into a garden and eats the produce the owner only pays for the amount that he benefited. (5)
If someone brings his fruit into the property of his friend if the animal of the owner of the property eats too many of the fruit and becomes ill he is Patur because the animal should not have eaten.
A BIT MORE
1. In the morning people are generally at home and therefore he will find it and it is a valid Hashavah.
2. It is regarded as a Peshi'ah and even a Shomer Chinam is Chayav for a Peshi'ah.
3. According to Rebbi Yosef who holds that a Shomer Aveidah is a Shomer Sachar who is Chayav for Geneivah he is claiming that it was stolen by an armed bandit and therefore it is an Ones and even a Shomer Sachar is Patur.
4. There is a Machlokes between the two Leshonos whether Rebbi Yehudah is the one that holds he is a Shomer Sachar or Rebbi Meir is the one who holds that he is a Shomer Sachar.
5. Since the cow fell in with an Ones the owner is Patur for damages,. however he must pay for the benefit that he accrued from the produce of his friend.
AN ARMED BANDIT
Rebbi Yosef holds that an armed bandit is a Ganav and if a Shomer Aveidah claims it was stolen by an armed bandit he is Patur and if it is found in his hands he pays Kefel. Why is it imperative for Rebbi Yosef to hold that an armed bandit is a Ganav? Even if he holds that an armed bandit is a Gazlan it is still possible for a Shomer Aveidah to pay Kefel even though he is a Shomer Sachar according to Rebbi Yosef if he claims that it was stolen by way of an Ones, for example he guarded it properly by placing in the ground and it was stolen anyway. If he claims that it was stolen with an Ones and it was found in his hands the Shomer Aveidah pays Kefel. The Ri answers that a Shomer Sachar is obligated to pay for a Geneivah even if it was stolen with an Ones. Although he is Patur for an armed robbery that is because it is regarded as a Shevuyah (captive) but regarding a Geneivah he is obligated to pay even if it was stolen b'Ones. The reason is that since the Torah obligates a Shomer Sachar to pay for a Geneivah even though it is close to being an Ones he is Chayav for every Geneivah even if it is a complete Ones.
A BURNED MASHKON
If someone borrows from his friend an animal or movable objects and an Ones occurs and it dies or breaks its bones or was captured he is Chayav. However, he is only Chayav if the Ones was as a result of the Sho'El, but if the Ones was a result of the lender he is Patur. Therefore, someone who has a Mashkon with a Nochri and he lends it to his friend so that his friend can borrow money on the Mashkon and it is consumed in a fire he is Patur because it would have been consumed in the fire anyway even if he had not borrowed it. (Shulchan Aruch CM 340:1)
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