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1) BREAKAGE THROUGH USAGE (cont.)

(a) Reuven borrowed a bucket from Shimon; it broke.

1. Rav Papa: Bring witnesses that you did not use it abnormally, and you are exempt.

(b) Version #1: Reuven borrowed a cat from Shimon; mice ganged up on it and killed it.
(c) Question (Rav Ashi): Is this as dying during work?
(d) Answer (Rav Mordechai): Yes. (He was not negligent for putting it in a dangerous place - a proper cat would not be killed by mice).
(e) Version #2: Reuven borrowed a cat from Shimon; it ate too many mice, got overheated and died.
(f) Question (Rav Ashi): Is this as dying during work?
(g) Answer (Rav Mordechai): Yes. (He was not negligent, the cat killed itself).

(a) (Rava): One who wants to borrow something and be exempt, he should ask the lender 'Give me a drink of water' - this is b'Ba'alim.

1. If the lender is sharp, he will tell the borrower 'I will give you after you take the object'.

(b) (Rava): If any of the following lends (to the one he works for) while working, it is considered b'Ba'alim: a teacher of children (who lends to the parents), one hired to plant a vineyard for half the produce, a slaughterer, a blood-letter, the town scribe (Rashi - barber).
(c) Rabanan (to Rava): You work for us (by teaching us - if we borrow from you, we are exempt).
(d) Rava: No - you work for me - I decide what tractate we learn, you cannot protest!
(e) The Halachah is, in the period before the festival, when he is obligated to teach laws of the festival, the Rebbi works for them; at other times, they work for him.
(f) Mereimar bar Chanina rented a mule to people of Bei Chuzai; he went out to help them load it. They were negligent, and it died; Rava obligated them to pay.

1. Rabanan: But this is negligence b'Ba'alim!
2. Rava was embarrassed. Later, it was found that Mereimar did not go to help, rather to ensure that they did not overload his mule.
3. According to the opinion that negligence b'Ba'alim is exempt, we understand why Rava was embarrassed.
4. Question: According to the opinion that negligence b'Ba'alim is liable, why was he embarrassed?

(g) Answer: The case was, they were not negligent; it was stolen and died by the thief. Rava obligated them to pay.

1. Rabanan: But this was b'Ba'alim!
2. Rava was embarrassed. Later, it was found that Mereimar did not go to help, rather to ensure that they did not overload his mule

(a) (Mishnah): Reuven borrowed Shimon's cow for half the day and rented it for half the day, or he borrowed it for today and rented it for tomorrow, or he borrowed one cow and rented another; the cow (in the last case, one of them) died.

1. If Shimon claims that the cow (that, or when it) died was borrowed, and Reuven is unsure, he must pay.

2. If Reuven claims that the cow (that, or when it) died was rented, and Shimon is unsure, Reuven is exempt.
3. If Shimon claims that the cow (that, or when it) died was borrowed, and Reuven says it was rented, Reuven swears that it was rented and he is exempt.
4. If both are unsure, Reuven pays half.

(b) (Gemara) Inference: If Levi claims that Yehudah owes him money and Yehudah says 'I don't know', he must pay.
(c) Suggestion: This refutes Rav Nachman!

1. (Rav Huna and Rav Yehudah): If Levi claims that Yehudah owes him money and Yehudah says 'I don't know', he must pay;
2. (Rav Nachman and R. Yochanan): Yehudah is exempt.

(d) Rejection: No - the case is as Rav Nachman said (elsewhere), Yehudah must swear to Levi (about something else - therefore, Levi can demand that he include in the oath that he does not owe this money. Since Yehudah must swear and he cannot, he must pay).
(e) Question: What is the case when Yehudah is must swear to Levi?
(f) Answer: Like Rava taught.
(g) (Rava): David claimed 100 from Moshe; Moshe admits to 50, he does not know about the other 50 - since Moshe must swear and he cannot, he must pay.