Nov 012016
 

Some unique cases are brought where the owner rentout out an animal and subsequently borrowed it for part of the time and then rented out for part of the time and then borrowed it again for part of the time.  If the animal dies during the borrowing period, one can be obligated to pay 3 or 4 cows to the renter.  Others disagree with this.  Can a shomer give an item to someone else to watch?  Different reasons are given to explain why this would be a problem.  They thought that Rav held it was ok, but it was later explained that it was based on a misunderstanding from a psak of Rav’s.  If one was negligent and brought the animal to a marsh (where thieves could come or predators) but the animal died in a typical manner, Abaye and Rava debate what Raba held – whether he would be exempt or obligated.  They each explain in their own way how this case is different from a classic case of tchilato b’pshia vesofo b’ones (one who does a negligent act but in the end there is accidental damage.

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