Bava Metzia 97a

בבא מציעא צ״ז ע״א

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Topic

When a borrower must pay for a broken or dead borrowed item, the exemptions of מתה מחמת מלאכה and שאילה בבעלים, and a new משנה on a cow that was both borrowed and rented

Overview

This amud finishes the story of the borrowed ax: the הלכה follows רב כהנא and רב אסי, so the borrower returns the broken pieces and pays the missing value. Then come stories about the rule of מתה מחמת מלאכה. A borrowed pail that broke is exempt if witnesses show it was used normally. A borrowed cat that died from the mice, told in two versions, is answered with the saying 'no judgment and no judge.' Next, רבא teaches how the rule of שאילה בבעלים works in practice. Asking the lender to pour water at the moment of borrowing exempts the borrower, unless the lender says 'borrow first.' Town workers count as working for the townspeople during their work hours. רבא refuses to call himself 'lent' to his students, and the גמרא limits his answer to the days outside the כלה. The story of מרימר's mule shows that the owner only checking the load does not count as בבעלים, and the story is retold as a theft case to explain why רבא was embarrassed. Finally, a new משנה opens about a cow that was both borrowed and rented and then died, and this continues on the next amud.

Opening lines

The steps (21)

1. Challengeרב's students question his ax ruling, and רב is silent
2. ConclusionThe law: return the broken tool and pay the missing value
3. StatementA borrowed pail that broke: bring witnesses and be exempt
4. QuestionA borrowed cat killed by mice: does it count as dying from its work?
5. ResponseA man killed by women: the case is obvious
6. QuestionA second version: the cat ate too many mice
7. ResponseNo judgment and no judge
8. StatementThe borrower's trick: 'Pour me water'
9. StatementThe clever lender's answer: 'Borrow first'
10. StatementTown workers count as 'working for you' during work hours
11. StatementThe Rabbis claim רבא is lent to them
12. Rejectionרבא says the students are lent to him
13. RejectionDuring the כלה the teacher is lent to the students
14. StatementA rented mule dies and רבא rules the renters liable
15. ChallengeThe Rabbis object that the owner was with the mule
16. ResolutionThe owner was only supervising
17. ChallengeWhy was רבא embarrassed?
18. ResolutionThe story is retold: the mule was stolen, not neglected
19. ChallengeThe Rabbis object that this is theft with the owner present
20. ResolutionThe owner had only gone out to check the load
21. StatementNew משנה: a cow that was partly borrowed and partly rented dies