Bava Metzia 97 - June 4, 27 Iyar

A borrower is not liable for accidental damage that occurs from using the item in the manner it is meant to be used, however, if it was used in an atypical manner, the borrower is responsible. Various cases are presented to explain further what is and is not considered damage or death from typical use. Rava discusses additional scenarios in which the exemption of shmira b'baalim would apply, such as if the borrower asks the lender to bring them a cup of water while borrowing the item, or if the lender holds a public position. The rabbis told Rava that if he lent them items, they would not be responsible as he "works for them." Rava retorted that they are subjugated to him, as he can choose what material to teach and they have no choice but to learn it. The Mishna describes cases where an animal is rented for some time and borrowed for some time, or where there are two animals—one rented and one borrowed. If the animal dies and there is doubt as to whether it was during the time it was rented or borrowed, or which animal was rented or borrowed, the halakha changes depending on what each side claims (whether they are sure in their claim or unsure). This is based on the principle that if one has a sure claim and the other side is unsure, we hold by the one who has the sure claim. The Mishna poses a difficulty to the opinion of Rav Nachman and Rabbi Yochanan, who hold that one is exempt even if one has an unsure claim, as the status quo remains and the burden of proof is on the one trying to get money from the other. They resolve the difficulty by claiming that the Mishna refers to a case where there is an obligation on the borrower to swear, and since one who is unsure of one's claim cannot take an oath, the borrower must pay. However, the borrower would be exempt if the case does not require an oath.