Mishnah
Mishnah

Related%20passage for Bava Metzia 8:3

הַשּׁוֹאֵל אֶת הַפָּרָה, וְשִׁלְּחָהּ לוֹ בְּיַד בְּנוֹ, בְּיַד עַבְדּוֹ, בְּיַד שְׁלוּחוֹ, אוֹ בְיַד בְּנוֹ, בְּיַד עַבְדּוֹ, בְּיַד שְׁלוּחוֹ שֶׁל שׁוֹאֵל, וָמֵתָה, פָּטוּר. אָמַר לוֹ הַשּׁוֹאֵל, שַׁלְּחָהּ לִי בְּיַד בְּנִי, בְּיַד עַבְדִּי, בְּיַד שְׁלוּחִי, אוֹ בְּיַד בִּנְךָ, בְּיַד עַבְדְּךָ, בְּיַד שְׁלוּחֲךָ, אוֹ שֶׁאָמַר לוֹ הַמַּשְׁאִיל, הֲרֵינִי מְשַׁלְּחָהּ לְךָ בְּיַד בְּנִי, בְּיַד עַבְדִּי, בְּיַד שְׁלוּחִי, אוֹ בְּיַד בִּנְךָ, בְּיַד עַבְדְּךָ, בְּיַד שְׁלוּחֲךָ, וְאָמַר לוֹ הַשּׁוֹאֵל, שַׁלַּח, וְשִׁלְּחָהּ וָמֵתָה, חַיָּב. וְכֵן בְּשָׁעָה שֶׁמַּחֲזִירָהּ:

If one borrowed a cow and he [the lender] sent it to him [the borrower] with his [the lender's] son, or bondsman, or messenger, or with the son, or bondsman, or messenger of the borrower, and it died [on the way], he [the borrower] is not liable. [ Some understand this "messenger" of the borrower to be his hired laborer or retainer, who lives in his house, but not that he made him a messenger in the presence of witnesses; for if he had done so, the borrower would be liable for accidents as soon as it (the cow) were given him. And others say that even if he made him a messenger in the presence of witnesses, he would not thereby become liable for accidents. For he would (only) be saying, in effect: "He is a reliable person; if you wish to send it with him, send it."] If the borrower said to him: Send it to me with my son; with my bondsman; with my messenger — or: with your son; with your bondsman; with your messenger — Or if the lender said to him: I am sending it with my son; with my bondsman; with my messenger — or: with your son; with your bondsman; with your messenger — and the borrower said: "Send," and he sent it and it died, he is liable. And the same applies when he returns it. [("with your bondsman":) This "bondsman" is a Hebrew bondsman. For if it were a Canaanite bondsman, "the hand of the bondsman is as the hand of his master," and it would be as if it had not left the domain of the master, as if the master himself were bringing it; and the borrower would not be liable if it met with an accident on the road. ("And the same applies when he returns it":) If the borrower sent it with his son, with his bondsman, or with his messenger — or with the son, the bondsman, or the messenger of the lender, it does not leave the domain of the borrower until it reaches the lender; and if it met with an accident on the road, he (the borrower) is liable. If the lender said to him: Send it to me, or if the borrower said: I am sending it, etc., and the lender said: "Send," and he sent it, and it met with an accident on the road, he is not liable. In our Mishnah, it is only when he returns it within the borrowing period that he is liable for accidents; but if he returns it thereafter, his status is that of a paid watcher (having benefitted from it) and not that of a borrower. And if he sends it (then) with his son, or his bondsman, or his messenger — whether his own or those of the borrower, and it met with accident on the road, he is not liable.]

Explore related%20passage for Bava Metzia 8:3. In-depth commentary and analysis from classical Jewish sources.

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