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1) WHEN THE BORROWER BECOMES LIABLE

(a) (Gemara) Question: If Reuven sends with his own slave on Shimon's request, why is Shimon liable? A slave does not have his own power of acquisition, he can only acquire for his master - it is as if the master still has it!
(b) Answer #1 (Shmuel): The Mishnah speaks of a Yisrael slave, the master only owns his labor, the slave has his own power of acquisition.
(c) Answer #2 (Rav): It can even be a Kena'ani slave - it is as if Shimon said, hit the cow so it will come to me - once it leaves Reuven's premises, Shimon is liable.
(d) Question (Beraisa): Reuven lent Shimon a cow, he sent it (on Shimon's request) with his own son or agent - Shimon is liable; if Reuven sent it with his own slave, Shimon is exempt.

1. Shmuel can explain, the Beraisa speaks of a Kena'ani slave - but how can Rav answer?

(e) Answer: Rav did not mean, asking to send with a Kena'ani slave is as if Shimon said, hit the cow so it will come to me - rather, the Mishnah is when Shimon actually said this;

1. In the Beraisa, Shimon just asked 'Send it with your slave'.

(f) (Rav Nachman citing Rav): Levi asked to borrow Yehudah's cow. Yehudah asked with whom he should send it; Levi said 'Hit it and it will come to me' - once it leaves Yehudah's premises, if it dies, Levi is liable.
(g) Support (Beraisa): Levi asked to borrow Yehudah's cow. Yehudah asked with whom he should send it; Levi said 'Hit it and it will come to me' - once it leaves Yehudah's premises, if it dies, Levi is liable.
(h) Rejection (Rav Ashi): The case is, Levi's Chatzer was inside Yehudah's - it is sure to go to Levi after leaving Yehudah's Chatzer. (But if it is a distance away, Levi is unsure if it will come to him, he does not decide absolutely to accept liability until it comes to him.)
(i) Question: If so, this is obvious - what is the Chidush of the Beraisa?
(j) Answer: There are small passages where it could hide, it is not absolutely certain that it will go to Levi;

1. One might have thought, Levi does not decide absolutely to accept liability - the Beraisa teaches, this is not so.

(a) (Rav Huna): Reuven borrowed an axe from Shimon. Once he chops with it, he acquires it; before chopping with it, he does not acquire it.
(b) Question: For what must he acquire it?

1. If to be liable for Ones - why is this different than a cow, he is liable once he borrows it, even before using it!

(c) Answer: Rather, so Shimon cannot demand that he return it (for the duration of the loan);

1. Before Reuven chops with it, Shimon can demand that he return it.
2. Rav Huna argues with R. Ami.

(d) (R. Ami): Levi lent a Hekdesh axe to Yehudah - Levi transgressed Me'ilah according to the benefit he received (how much he would pay to be able to lend an axe); Yehudah is permitted to use it.

1. If Yehudah does not acquire it (even before using it), why does Levi transgress, and why may Yehudah use it? He should be obligated to return it to avoid Me'ilah!

(e) Rav Huna also argues with R. Elazar.

1. (R. Elazar): Just as Meshichah was enacted for buyers (to acquire in place of money), it was also enacted for watchmen.

(f) Support (Beraisa): Just as Meshichah was enacted for buyers, it was also enacted for watchmen;

1. Just as land is acquired through money, a document or Chazakah, also rental is acquired through these.

(g) Question: How can one make Chazakah (on rented Metaltelim) without already acquiring through Meshichah?
(h) Answer (Rav Chisda): The Beraisa refers to rental of land.

(a) (Shmuel): Reuven stole 50 dates stuck together: if sold together, they sell for 49, if sold individually, they sell for 50.

1. If he stole from an individual, he pays 49; if he took from Hekdesh, he pays 50 and an added fifth;
2. If he damaged Hekdesh, he does not add a fifth.
3. "Ki Yochal Kodesh (adds a fifth)" - to exclude one who damages.

(b) Question (Rav Bivi bar Abaye): Why does he only pay 49 to an individual - the victim can say, I would have sold them one at a time!
(c) Answer (Rav Huna brei d'Rav Yehoshua - Mishnah): We evaluate damage by estimating the decreased value of a Beis Sa'ah on account of the damaged patch (Rashi; Tosfos - we estimate a damaged Beis Sa'ah as part of a field 60 times greater).

1. (I.e. we are lenient on the damager!)

(d) Question: Does Shmuel really hold that the laws of paying people and Hekdesh are different?

1. (Mishnah): If (Reuven, the treasurer of Hekdesh) took a rock or beam of Hekdesh - he did not transgress Me'ilah;
2. If he gave it to Shimon, Reuven transgressed Me'ilah;
3. If Reuven (kept it and) used it to build his house, he does not transgress Me'ilah until he gets a Perutah's worth of benefit from it by living in the house.
4. (R. Avahu citing Shmuel): We learn from this that if Levi dwells in Yehudah's field without his knowledge, Levi must pay!

(e) Answer: Shmuel retracted from that teaching.
(f) Question: Perhaps he retracted from this teaching!
(g) Answer: Presumably, he holds like Rava.

1. (Rava): A person who takes from Hekdesh unknowingly is like one who takes from a person knowingly. (Therefore, we cannot learn dwelling in a man's field without his knowledge from dwelling under Hekdesh.)

(h) (Rava): Burden carriers broke a barrel of wine. On most days, it sells for four; on the market day, the grocer sells it for five. If they replace it before the market day, that suffices; if not, they must pay five.

1. This is only if the grocer did not have other wine to sell - if he did, they can return a barrel even after the market day.
2. Even when they pay five, they deduct to compensate for the toil the grocer was spared (he did not have to sell it) and the cost of making a hole in the barrel (some explain - the cost of announcing that he has wine to sell).