Bava Metzia 79a

בבא מציעא ע״ט ע״א

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Topic

Rented donkeys that get sick or die on the way, רב's rule against using up the principal, and a rented boat that sinks

Overview

This amud finishes a ברייתא about a rented donkey that is taken away, and names רבי שמעון בן אלעזר as its author. The גמרא asks how that fits another ruling of his about a sick donkey. It answers that renting a donkey for riding, or for carrying glass, is different. Next, רב rules that if a riding donkey dies halfway, the renter pays for half the trip and has only a complaint. The גמרא works out the exact case: no donkeys are available, a specific donkey was promised, and its body is worth too little to buy another. It explains that רב holds the principal may not be used up (לא מכלינן קרנא), so the money cannot be spent on renting. That rule is the subject of a dispute with שמואל, who allows it. A ברייתא about a pledged tree that dried up seems to challenge רב, and the גמרא answers in several ways, involving sixty-year sales and יובל. Finally, a new ברייתא brings רבי נתן's ruling on a rented boat that sank halfway, and the גמרא begins testing what kind of deal it means.

Opening lines

The steps (24)

1. StatementThe ברייתא's ruling on a seized donkey belongs to רבי שמעון בן אלעזר
2. ChallengeChallenge: the first part of the ברייתא contradicts רבי שמעון בן אלעזר
3. ResolutionAnswer: renting a donkey for riding is a different case
4. StatementCarrying glass vessels counts like riding
5. StatementA riding donkey that dies halfway through the trip
6. ChallengeWhy would the renter complain, and why would he pay?
7. ResolutionNo donkeys available, but he still pays for the distance traveled
8. ChallengeWhat kind of donkey was promised?
9. ResolutionThe dead donkey is not worth enough to buy another
10. ChallengeThen let him rent a donkey with the money
11. Resolutionרב's rule: we do not use up the principal
12. ProofThe source for רב's view: the donkey that died halfway
13. QuestionWhat is the root of their disagreement?
14. ResponseMay the principal be used up?
15. ChallengeChallenge from the dried-up tree
16. ResolutionThe land was bought for sixty years
17. ProofProof that a sale for a fixed time does not return at יובל
18. ChallengeEven a sixty-year sale ends and the land goes back
19. ResolutionThe ברייתא means a time when יובל is not in effect
20. ProofSupport: otherwise just chop the tree for firewood
21. RejectionEven with יובל, the principal is not always used up
22. Statementרבי נתן on a rented boat that sank halfway
23. ChallengeWhat case? A specific boat with any wine does not fit
24. ChallengeAny boat with specific wine does not fit either