Bava Metzia 95 - June 2, 25 Iyar

This week's learning is sponsored by Helen Danczak in loving memory of Lucille Fliegler on her yahrzeit. "Thinking about her warmth and her love of family. We honor her memory with our learning." This week's learning is sponsored by Rachel Savin in honor of the upcoming marriage of her daughter Lior to Daniel this Thursday. The various halakhot about a borrower (sho'el) that are not explicitly mentioned in the Torah are derived from rabbinic interpretations and extrapolations from the biblical text. First, the borrower's responsibility for items that are captured. While the Torah explicitly states that a borrower is responsible if an item is damaged or dies (Shmot 22:13-14), the rabbis extend this responsibility to cases where the item is captured from the extra word "or". Second, the borrower is responsible for theft and loss. Although the Torah mentions a borrower being liable for damages and death, the rabbis also include theft and loss under the borrower's responsibility. This inclusion is based on a kal v'chomer argument from a paid bailee who is liable for theft or loss, as a borrower takes on a higher level of responsibility since they benefit from using the item without paying for it. Third, the exemption of she'ela b'baalim (borrowing while the owner is working for the borrower) also applies to theft and loss. The rabbis derive this from a paid bailee, but need to also explain the source for this law for a paid bailee and what method of derivation is used to extend the exemption from a paid bailee to a borrower. Regarding shmira b'baalim, there is a debate about whether the exemption applies if the shomer (bailee) was negligent and the owner was working for the shomer. Two difficulties are raised against the position that one is exempt. However, both difficulties are resolved. Rav Hamnuna holds a narrow view of this exemption, limiting it to cases where the owner was working with the borrowed item at the time of its break or death and was with the borrower from the time of borrowing until the time of its death. However, the Gemara discusses and ultimately rejects Rav Hamnuna's limitations, suggesting that the exemption can apply in broader circumstances.