Bava Metzia 98 - Yom Yerushalayim - June 5, 28 Iyar

Presentation Bava Metzia 98 Today's daf is sponsored by Rebecca and Ezra Darshan in loving memory of Helene Isaacs on her 24th yahrzeit, on Yom Yerushalayim. "She was an optimist who loved learning, and would be so proud of all of the women learning daf." To resolve the difficulty raised against Rav Nachman and Rabbi Yochanan, the cases in the Mishna must be explained as a situation in which the borrower admitted to part of the lender's claim. The Gemara explains that an extra cow must be added to each case and delineates each party's claim. According to Rami bar Hama, two cows must be added to each case, as Rami requires any case of shomrim to have both a partial acceptance of the claim and a partial admission by the shomer. The Mishna ruled that if both are definite in their claim, the borrower/renter needs to take an oath - this oath can only be explained by gilgul shevua, rolling over another oath. If each is unsure of their claim, the money is divided - this follows Sumchus' position, but the rabbis disagree. Questions are asked regarding cases where one borrows an item "with the owner" and then before the rental time is up, he/she decides to rent it without the owner or the reverse. Does the exemption of "with the owner" apply because the agreement is viewed as a continuation of the first agreement or not?  What about from renting to borrowing or from borrowing to renting to borrowing or vice versa. If an item is sent via messenger to the borrower, at what point does the borrower assume responsibility for the item?