REVACH L'DAF
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SUMMARY
If a lender claims that the Mashkon he was given was worth a Shekel and the borrower claims that it was worth three Dinarim the lender swears, not the borrower, because of the concern that the lender will pull out the Mashkon after the Shevu'ah of the borrower.
Abaye says even though R. Huna says that a Shomer who is willing to pay for the object must swear that it is not on his Reshus we are concerned that the lender will claim that he found the Mashkon after he swore.
R. Ashi says that the borrower is the one who swears however he only swears his Shevu'as Modeh b'Miktzas after the lender swear that it is not in his Reshus because of the concern that he will pull out the Mashkon after the Shevu'ah of the borrower.
If someone borrowed a Sela on a Mashkon and the borrower claims the Mashkon was worth two Sela'im and the lender claims it was worth only one Sela he is Patur from a Shevu'ah.
R. Nachman says if a Shomer says he doesn't know what happened to the object he was guarding it is Peshi'ah (negligence) and he is Chayav to pay.
If an object a Shomer was guarding is stolen and the Shomer pays for it if the Ganav is found the Kefel is paid to the Shomer.
If the owner was forced is take the Shomer to Beis Din before he paid the Shomer is not Koneh the Kefel and if the Ganav is found the Kefel is paid to the owner.
If the property of the borrower was taken from him and given to the lender for payment of his debt he may redeem the property from the lender within 12 months according to Nehardai.
Ameimar holds that the borrower may redeem the property that was taken from him forever.
If the property is taken from the borrower for payment of his debt and it is subsequently taken from the lender for his own debt the borrower may redeem the property from the Ba'al Chov of his lender.
If the property is taken from the borrower for payment of his debt and the lender sells the property or gives it as a gift or it is inherited or the borrower may no longer redeem the property. (1)
If a woman borrows money and her property is taken from her for payment of her debt and she marries and subsequently dies her husband may not redeem her property from her lender. (2)
If a woman sells her Nichsei Melug during the lifetime of her husband and she subsequently dies her husband may take the property from the buyer. (3)
If the borrower willingly gave his property to the lender for payment of his Chov it is a Machlokes if he may redeem the property. (4)
Rabah says that as soon as a lender receives the Shtar Adrachta which gives the him the right to take property from his borrower he may immediately start eating the Peiros of the property.
Abaye holds that as soon as the Shtar Adrachta is signed the borrower may immediately start eating the Peiros of the property.
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Rava holds that the borrower may not eat the fruit of the property until the auction of the property has been completed. (5)
If someone rents a cow from his friend and lends it to another person and it dies naturally the renter swears to the owner that it borrower that it died naturally and the borrower pays the renter for the cow.
R. Yosi says that the renter may not make money from the cow of his friend and the borrower must pay the owner of the cow.
R. Zeira says sometimes the owner of a cow must pay for many cows to the renter; if he rents it for 100 days, lends it to the owner for ninety, rents it for eighty and lends it to the owner for seventy and it dies naturally in the hands of the owner. (6)
R. Ashi says that the owner only must pay the borrower the value of one Shor for borrowing it and he must pay him one Shor for ten days for the balance of the rental period.
A BIT MORE
1. Since the person who brought the property or received it as a gift or inheritance was due the property and not money they may not be forced to take money instead however a Ba'al Chov is due to receive money and not property therefore if the property was taken from the lender by his Ba'al Chov it may be redeemed.
2. When the husband inherits the Nichsei Melug of the his wife he is considered a buyer, not an inheritor and a buyer has no right to redeem the property that was taken from the seller, however if the husband was considered an inherit he would of has the right to redeem the property just as sons who inheritor their father have the right to redeem property that was taken from their father for his debt.
3. The wife owns the Guf of the Nichsei Melug and the husband owns the Peiros and the man sold the Nichsei Melug so that the buyer owns the Guf while the husband continues to eat Peiros the Rabanan decreed that the husband is considered a buyer of the Nichsei Melug and therefore even though he only owns the Peiros he can tell the buyer I was the first buyer and I bought it before you and therefore the property must be returned to me.
4. According to one opinion he may not redeem the property because it is tantamount to a regular sale since he gave it willingly, while the other opinion holds that he only gave it willingly without going to Din because he was embarrassed.
5. After the borrower receives the Shtar Adrachta and property of the borrower is located the property is auctioned off and if the lender gives the highest bid the property is given to him and that is when he may start eating the Peiros.
6. The owner must pay twice for the value of the cow since he borrowed it twice and it is as if two separate people borrowed it and he also owes the renter two cows for a period of ten days each for the balance of the rental period that he owes him.
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BRIEF INSIGHT
If a lender claims that the Mashkon he was given was worth a Shekel and the borrower claims that it was worth three Dinarim the lender swears, not the borrower, because of the concern that the lender will pull out the Mashkon after the Shevu'ah of the borrower. The Gemara asks how the lender will pull out the Mashkon according to R. Huna who says that a Shomer must swear that it is not in his Reshus and the lender is considered a Shomer of the Mashkon. The Rashash asks that the Ramban says that a Shomer only swears that the object is not in his Reshus. If the object is something that is not readily available in the Markey. If so, maybe in this case the object is readily available and therefore the lender doesn't have to swear that it is not in his Reshus. The Rashash answers that in this case since there is a dispute regarding the value of the Mashkon even if the Mashkon is readily available the lender must swear that it is not in his Reshus.
QUICK HALACHAH
If someone rents a cow from his friend and lends it to another person and it dies naturally or with an Ones since the borrower is Chayav he must pay the owner because the renter may not make money with the cow of his friend. If the owner told the renter if you want to lend it you may do so and your Din is with the borrower and my Din is with you in such a case the borrower pays the renter. (Shulchan Aruch CM 307:5)
The renter may not lend it to others,. however he transgressed that Din and he lent it out. (Sma)
R. Yosi says that the renter may not make money from the cow of his friend and the borrower must pay the owner of the cow.
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