Bava Metzia 96 - June 3, 26 Iyar

Abaye, Rava and Rav Ashi each bring a different derivation for the rule that shmira b'baalaim is a valid exemption only when the owner was working for the borrower at the moment of the act of borrowing. Rami bar Hama asks four questions regarding the borrower's liablity for unexpected damages (oness). Then he asks three questions, and Ravina asks a fourth regarding the exemption of shmira b'baalim. Each of these eight questions relates to a unique case and asks whether the general halakha applies in these exceptional circumstances. The last two questions, regarding a husband/wife and an agent are answered: they depend on amoraic debates. Is there a difference if the agent is the owner's slave? Rami bar Hama asks a question regarding a husband's level of responsibility for his wife's usufruct property and about who is responsible for meila for her property if it was sanctified. Rava answers both questions. A borrower is not liable for depreciation or for an animal dying from use as the borrower can claim: "I didn't borrow it just to leave it on the windowsill!"