Baba Metzia 8:3-4

Baba Metzia 8:3

If a person borrowed a cow and the owner sent it to him with his son, his servant or his agent, or with the son, servant or agent of the borrower, and it died, the borrower is exempt (because the cow has not yet come into his domain). If the borrower told the cow’s owner to send it with his son, servant or agent, or with the owner’s son, servant or agent, or if the cow’s owner told the borrower that he was going to send it with his – or the borrower’s – son, servant or agent and the borrower agreed, so the owner sent the cow and it died, then the borrower is liable (because in all of these cases it is considered to have entered his domain when it was handed to the messenger). The same conditions apply when returning the cow.

Baba Metzia 8:4

If a person traded a cow for a donkey and the cow gave birth, or if a person sold a servant woman and she gave birth, and the parties disagree as to whether the birth occurred before or after the transaction took effect, they split the difference. Let’s say that a person has two servants – a large one and a small one – or two fields – a large one and a small one. If a buyer claims that he purchased the large one and the seller says he doesn’t know, the buyer takes possession of the large one. If the seller says that he sold the small one and the buyer says he doesn’t know, he gets the small one. If one says the large one and the other says the small one, the seller must take an oath that it was the small one that he sold. If each party says they don’t know, they split the difference.