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Bava Metzia 97b

בבא מציעא צ״ז ע״ב

Learn Bava Metzia 97b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

A cow that was both borrowed and rented dies and the facts are unclear: the משנה's four rulings, and whether they refute רב נחמן on 'I don't know' claims.

Overview

This amud finishes a משנה about a person who both borrowed and rented from the same owner, either one cow for different time periods or two separate cows. A borrower (שואל) pays even when the death was an unavoidable accident, but a renter (שוכר) does not. The משנה gives four cases. If the owner is sure it died while borrowed and the holder doesn't know, the holder pays. If the holder is sure it died while rented and the owner doesn't know, the holder is exempt. If each side is sure of the opposite, the renter swears and is exempt. If neither knows, they split the loss. The גמרא learns from the first case that someone who answers 'I don't know' to a sure money claim must pay. That seems to refute רב נחמן, who holds that such a person is פטור. The גמרא answers that רב נחמן agrees the unsure person pays when there is already an עסק שבועה, an oath situation, between the two sides, and the משנה is that kind of case. The גמרא then begins to define an oath situation using רבא's teaching, which continues on the next amud.

Opening lines

בְּשָׁעָה שֶׁהָיְתָה שְׁאוּלָה מֵתָה.

[Or:] It died during the hour that it was borrowed.

וְהַלָּה אוֹמֵר: אֵינִי יוֹדֵעַ – חַיָּיב.

And the other one says: I do not know. He is liable.

הַשּׂוֹכֵר אוֹמֵר: שְׂכוּרָה מֵתָה,

The renter says: The rented one died,

בְּיוֹם שֶׁהָיְתָה שְׂכוּרָה מֵתָה,

[or:] It died on the day that it was rented,

The steps (8)

  1. StatementOwner is sure it died while borrowed, the other side doesn't know: he pays
  2. StatementRenter is sure it died while rented, the owner doesn't know: he is exempt
  3. StatementBoth sides are sure and they disagree: the renter swears and is exempt
  4. StatementNeither side knows: they split the loss
  5. ProofLearning a general money rule from the cow case
  6. ChallengeThis seems to refute רב נחמן
  7. Resolutionרב נחמן agrees when an oath is involved
  8. QuestionWhat counts as an oath situation?