Bava Metzia 96b

בבא מציעא צ״ו ע״ב

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Topic

A husband's status regarding his wife's property (borrower, renter or buyer), מעילה with her הקדש, and a borrower's exemption when damage comes from normal work.

Overview

The amud opens with רמי בר חמא's question: when a husband uses his wife's cow, is he a שואל or a שוכר? רבא objects that either way the wife works for him, so it is בבעלים and he is exempt. The גמרא therefore reframes the question twice, finally setting it in a case where the wife rented a cow from an outsider and then married. That version only works according to רבי יוסי, who holds a renter is not the owner. רבא answers that a husband is neither a borrower nor a renter but a לוקח, based on the תקנת אושא. רמי בר חמא then asks who commits מעילה when a husband acquires his wife's הקדש property. רבא first rules out the husband, the wife and the בית דין, and then concludes that the husband is liable once he actually spends it. Next, רב חלקיה and רבא establish that a borrower is exempt when an animal weakens or even dies from normal work. The amud ends with the cases of a broken borrowed ax: רבא requires witnesses, רב rules the borrower must pay for a good ax, and רב כהנא and רב אסי begin to challenge רב, which continues on the next amud.

Opening lines

The steps (22)

1. QuestionIs the husband a borrower or a renter?
2. Rejectionרבא: Either way he is exempt
3. ResolutionThe real question: he rented first, then married
4. QuestionThe two sides: does marriage replace the rental?
5. ChallengeWhy should only borrowing cancel the old rental?
6. ResolutionThe real case: she rented the cow from someone else
7. StatementAccording to רבנן there is no question
8. QuestionAccording to רבי יוסי: borrower or renter?
9. Responseרבא: the husband is a buyer
10. ProofProof from the enactment at Usha
11. QuestionWho is liable for misuse of consecrated property?
12. ResponseThe husband is not liable
13. ResponseThe wife is not liable either
14. ResponseThe court is not liable for מעילה either
15. Conclusionרבא's better answer: the husband is liable once he spends it
16. QuestionA borrowed animal grows thin from work
17. Challengeרב חלקיה challenges the question itself
18. Conclusionרבא: even if the animal dies from normal work, the borrower is exempt
19. StatementA borrowed ax breaks: רבא asks for witnesses
20. QuestionWhat if there are no witnesses?
21. Responseרב ruled that the borrower must pay for a good ax
22. Challengeרב כהנא and רב אסי question רב