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BAVA METZIA 96 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel, whose Yahrzeit is on 10 Av.
If the owner is with the Shomer at the time that he received the item even though he was not with him at the time of the Ones he is Patur, but if he was with him at the time of the Ones but he was not with him at the time he received it he is Chayav.
A Sho'el is Chayav for the Mezonos of the animal that he borrows.
If a Sho'el borrowed an animal for the purpose of Revi'a or he borrowed it so that people will think that he is wealthy, or if he borrowed the animal to work with it less than the value of a Perutah it is a Safek if he is Chayav in Onsim.
If a Sho'el borrows two animals to work with them exactly the value of the Perutah it is a Safek if he is Chayav in Onsim. (1)
If someone borrows from two partners and one of the partners is with in his Melachah or if two partners borrow and the owner is one of the partners in his Melachah it is a Safek if he is Patur for Onsim. (2)
If someone borrows from a woman and her husband is with him in his Melachah or if a woman borrows and the owner is with her husband in his Melachah it is a Machlokes between R. Yochanan and Reish Lakish if the Sho'el is Patur. (3)
If someone lends an item and he lends the services of his Shali'ach to the Sho'el it is a Machlokes between R. Yoshiyah and R. Yonasan if the Shali'ach is like the owner and it is a She'eilah with the owner.
If the owner lends the services of his servant to the borrower it is a Safek if it is considered a She'eilah with the owner. (4)
If someone sells his field for the fruit according to R. Yochanan the buyer may bring Bikurim and read the Parshah of Bikurim because a Kinyan Peiros is like a Kinyan ha'Guf. (5)
Reish Lakish says the buyer may bring Bikurim but he may not read the Parshah of Bikurim because a Kinyan Peiros is not like a Kinyan ha'Guf.
If someone tells a caretaker you shall annul all of the Nedarim that my makes from now until I return from the place that I am going if the caretaker annuls the Nedarim it is an effective according to R. Yoshiyah.
R. Yonasan says the Nedarim that the caretaker annuls are effectively annulled because a Shali'ach of is just like the person who sent him.
If a husband is using an animal of the Nichsei Melug of his wife and it does he is Patur because it is regarded as a She'eilah with the owner.
If a woman rents a cow and she subsequently gets married and the cow dies it is considered a She'eilah with the owner according to the Rabanan who hold that if a renter lends out the cow that he rented and it dies b'Ones the borrower must pay the renter. (6)
According to R. Yosi who holds that if a renter lends out the cow that he rented and it dies b'Ones the borrower must pay the owner even so the husband is Patur from paying because a husband is considered a buyer of the Nichsei Melug of his wife.
In Usha the Sanhedrin decreed that a woman who sold her Nichsei Melug during the lifetime of her husband and than she dies hr husband may take the property from the buyer. (7)
If money of Hekdesh is inherited by a wife and it was not known that it was Hekdesh the husband is Mo'el when he spends the money. (8)
If a borrowed animal dies from routine Melachah the Sho'el is Patur because he didn't borrow the animal in order to keep it in its pen.
A BIT MORE
1. This Safek is predicated on the assumption that the answer to the previous is that a Sho'el is Patur in Onsim if he borrows an animal to work with it less than the value of a Perutah and the Safek is maybe we go by the borrower and lender and they are being borrowed to work the value of a Shaveh Perutah, or maybe we go by each one of the animals and he is working less than a Perutah with each animal.
2. In the first case it is a Safek if he is Patur from paying for half since one of the partners is with him and in the second case it is a Safek if the partner who borrowed the item is Patur for his half since the owner is with him in his Melachah.
3. In the first case he borrowed an item of Nichsei Melug of the woman and according to R. Yochanan the Kinyan Peiros that her husband has in the item is like a Kinyan ha'Guf and he is considered the owner and therefore he is Patur and in the second case when the woman borrows an item her husband has a Kinyan Peiros on the item and it according to R. Yochanan his Kinyan Peiros is like a Kinyan ha'Guf and therefore it is considered a She'eilah with the owner.
4. It is a Safek both according to the opinion that a Shali'ach of a person is like him because maybe that only applies if the Shali'ach is a Yisrael not if the Shali'ach is a servant or maybe even according to the opinion that a Shali'ach of a person is not like him maybe a servant is like his master because the hand of a servant is like the hand of the master and the Gemara concludes that in fact the hand of a servant is like the hand of a master and the Sho'el is Patur.
5. He bought the field for two it three years and he has the right to eat the fruit for those years and after that the field is returned to the owner therefore he only has a Kinyan Peiros and even so he may read the Parshah of Bikurim even though the Parshah states 'the land that You gave me'.
6. Even if the husband is considered a borrower of her Nichsei Melug since he has a right to the Peiros and a bower is Chayav b'Onsim even so he is Patur because since a borrower firm a renter must pay the renter and therefore the woman who is the renter is considered the owner and it is She'eilah with the owner and he is Patur.
7. Because the Rabanan decreed that the husband is a buyer and he is the first buyer and therefore he may take it from the buyer.
8. Even though the husband is Zocheh in the Peiros if her inheritance as soon as it is inherited hoi the husband is not Mo'el at that time because he doesn't want to be Zocheh in something that is Asur and therefore he is not Mo'el until he spends the money.
BORROWING FROM PARTNERS
If someone borrows from two partners and one of the partners is with in his Melachah it is a Safek if he is Patur for Onsim. The Ketzos ha'Choshen explains that the Safek is only regarding the half of the partner that was with him in the Melachah but the half of the other partner he definitely must pay, and the half that he pays is given to that partner but the partner who was with him in the Melachah doesn't receive anything since it is because of him that he is Patur from half. The same is true regarding the case of two partners who borrow and the owner is with one of the partners in his Melachah that the Safek is only regarding the partner who was together with the owner but the other partner must pay half.
SHALI'ACH SHEL ADAM K'MOSO
If a lender instructs a Shali'ach to lend his services to the borrower it is not a She'eilah with the owner, while some argue and hold that a Shali'ach of a person is like him. If he instructs his non-Jewish servant to lend his services to the borrower it is a She'eilah with the owner because the hand of a servant is like the hand of the master. If the servant lent his services without the knowledge of his master it is not considered a She'eilah with the master. (Shulchan Aruch CM 346:6)
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