Bava Metzia 98b

בבא מציעא צ״ח ע״ב

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Topic

Oaths and splitting the loss in the borrowed-or-rented cow case, unresolved questions about mixing borrowing and renting, and when a borrower's responsibility begins during delivery

Overview

The amud opens by finishing an earlier case. A שואל admits part of the owner's claim but says he doesn't know about the rest, so he cannot swear and must pay. Next comes a case from the משנה: the owner says the borrowed cow died and the renter says the rented one died. The משנה rules that the renter swears and is exempt. The גמרא asks where that oath comes from, and עולא answers that it comes through גלגול: it is attached to the oath that the cow died naturally. When neither side knows which cow died, they split the loss, following סומכוס. רבי אבא בר ממל then asks a chain of questions about a cow that is borrowed and rented back to back, some periods with the owner working for him and some without, and all of them end in תיקו. Finally, a new משנה teaches that a borrower is responsible for a cow that dies on the way only if he asked for, or agreed to, the messenger who brought it. The same rule applies when the cow is returned.

Opening lines

The steps (18)

1. ConclusionThe borrower who cannot swear must pay
2. StatementThe משנה: owner says borrowed, renter says rented
3. ChallengeWhy should the renter swear at all?
4. Resolutionעולא: the oath comes through גלגול
5. ResolutionHow the גלגול works here
6. StatementQuoting the last case of the משנה: neither side knows
7. ResponseThe split ruling follows סומכוס
8. QuestionBorrowed with the owner, then rented without the owner
9. QuestionTwo sides: separate deals, or is renting tied to borrowing?
10. QuestionThe reverse case: rented with the owner, then borrowed without
11. QuestionIs borrowing connected to an earlier renting?
12. QuestionBorrowed, then rented, then borrowed again
13. QuestionDoes the borrowing come back, or does the renting cut it off?
14. QuestionRented, then borrowed, then rented again
15. ConclusionThe questions stay unresolved
16. StatementLender sends the cow on his own: borrower is exempt
17. StatementBorrower asked for or agreed to the sending: borrower is liable
18. StatementThe same rules apply when returning the cow