Bava Metzia - Daf 78
- One rented a donkey to lead it on a mountain but led it in a valley, or vice versa, and it died
The next Mishnah states: השוכר את החמור להוליכו בהר והוליכו בבקעה – If one rented a donkey to lead it on a mountain, but instead led it in a valley, or the reverse, and the donkey died on the way, he is responsible. The Mishnah then says that if he brought it to a valley instead of a mountain, then he is exempt if it slipped, since it would more likely have slipped on the mountain, but if it died because of the heat, he is liable, because the valley is a warmer place. The reverse is true where he brought it to a mountain instead of a valley. The Gemara asks why the first segment of the Mishnah holds the renter responsible without qualification, and the second segment distinguishes between slipping and dying from heat. Three cases are offered to explain the first section of the Mishnah: (1) Because it neither slipped nor overheated, the owner can say it died מחמת אויר – because of air to which it was unaccustomed, either of a mountain or of a valley. (2) It died because of אובצנא – exhaustion, which he can attribute to the change of location. (3) It was bitten by a snake, which happened because of where it was brought.
- Rebbe Meir: כל המעביר על דעת של בעל הבית נקרא גזלן
Rebbe Yochanan answers that the first segment of the Mishnah reflects the opinion of Rebbe Meir, who holds: כל המעביר על דעת של בעל הבית נקרא גזלן – anyone who violates the owner’s intent is considered a thief. Since he violated the owner’s terms, he has the status of a thief, and is therefore responsible even for unavoidable accidents which are not attributable to its location. The Gemara seeks the source for this position of Rebbe Meir, and eventually presents a Baraisa in which he says: הנותן דינר לעני ליקח לו חלוק – if one gives a dinar to a poor person to purchase a shirt for himself, לא יקח בו טלית – he may not purchase a cloak with it, or vice versa, מפני שמעביר על דעתו של בעל הבית – because by doing so, he violates the owner’s intent. The Gemara asks that perhaps the reason is because people will suspect the donor of not fulfilling his pledge (if the poor person does not purchase what he was instructed), but concludes that the Baraisa’s words prove that Rebbe Meir’s reason is because of the deviation from the owner’s instructions.
- אנגריא (seized for the king’s service) which will not be returned
The Mishnah taught that if the animal was נעשית אנגריא – seized for service for the king, the owner can tell the renter: הרי שלך לפניך – behold, what is yours is before you, and he does not have to give him another donkey. Rav says this is only true באנגריא חוזרת – with a seizure for service which will be returned, but if the animal will not be returned to the renter, the owner must provide him with another donkey to use. Shmuel says that even if it will not be returned, if it was taken בדרך הליכה – in the direction of the renter’s journey, the owner is exempt from providing him with another donkey, because he can rent another donkey to follow the king’s troops until they find and seize another person’s donkey, at which time they will return his rental. If the donkey is being taken in a different direction, the owner must provide the renter with another donkey.
