Bava Metzia 41 - Rosh Chodesh Nissan - April 9, 1 Nissan

If a shomer moves an item that he/she is watching and it subsequently breaks by unexpected circumstances (oness), is the shomer liable? Using an item that one is watching is called shlichut yad and the shomer is considered like a thief and becomes obligated even for oness until the item is returned. However, several factors determine whether or not the shomer is responsible. For what purpose did the shomer move the item - for the item or the shomer's use? Did it break before it was returned to a protected place or not? Was there a designated place where the item was supposed to be? Rabbi Yishmael and Rabbi Akiva disagree on whether the owner needs to know the item was returned. There is a disagreement about whether the first part of the Mishna accords with Rabbi Yishmael and the latter part with Rabbi Akiva or perhaps the whole Mishna can be explained according to Rabbi Yishmael. Within the latter interpretation, there are three opinions about why the shomer moved the item - to use part of it (shilchut yad), to steal the whole thing, or to borrow it. The difference between the first two opinions is based on a difference of opinion regarding the case of shlichut yad where one becomes responsible even for unanticipated damages - is it only if the item depreciates in value or even if there is no loss? Rav and Levi disagree about this issue. Who holds which opinion? They conclude that Levi holds that one is obligated in shlichut yad even if there is no loss. This is derived from the repetition of the verses where shlichut yad is mentioned as it seems unnecessarily mentioned both by a shomer chinam and a shomer sachar.