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Shiur Supplement - Daf 97a

Rav Zev Jacobson
21.09.2014

A. Amar Rava hai man... neima lei sha'il be-reisha ve-hadar ashkeich [lines 16-19] According to Rava, it is sufficient for the ba'al to fetch the sho'el a drink of water (at the time the pikadon is borrowed) to consider the loan she'ila be-ba'alim. Therefore, the ba'al should first loan the object and THEN fetch the drink so that the sho'el accept FULL liability for the pikadon.

 

B. Amar Rava mikri dardeki... ke-she'ila be-ba'alim [lines 19-22] According to Rava, civil servants (such as a school teacher, one who plants vineyards, a butcher, a district barber, one who lets blood for therapeutic purposes) are considered to be in the employ of ALL the residents of their locality and not only the individual whom they are currently serving. Consequently, should they lend an item to any of these residents, the sho'el would not be liable to pay for any damages, based on the din of ba'alav imo. However, this applies only WHILE they are on the job (be-IDAN avidetaihu) and if the pikadon is borrowed outside of working hours, the sho'el assumes full liability.

 

C. Amru lei rabanan le-Rava... inhu she'ilu lei be-sha'ar yomei [lines 22-28] Rava's students said to him: "(Since) you are obliged to teach us - you work for us (and should we borrow a pikadon from you it would be considered she'ila be-ba'alim)."

 

            Rava retorted that, in actual fact, his students were under obligation to him, and NOT the other way round, as he could decide what he was going to teach and they would be forced to go along with his decision. Thus, if he borrowed from them it would be considered she'ila be-ba'alim.

 

            The gemara concludes that neither Rava nor his students were completely correct: The students were correct with regard to to special learning sessions dedicated to studying the laws of the upcoming festivals - as specific material had to be taught. However, Rava was correct with regard to the rest of the year, when HE could decide what to teach.

 

D. Mereimar bar Chanina... de-le-meisar te'una hu de-nafik [lines 28-33] Mereimar bar Chanina rented mules of Bei Chuzai. Although the ba'al assisted him in loading the beasts, the halakha of ba'alav imo does NOT apply as his intention was solely to ensure that they not be laden too heavily. Thus, the shomer is held liable for all damages.

 

 

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