Baba Metzia 8:1-2

Baba Metzia 8:1

Let’s say that a person borrowed a cow and its owner with it, or he hired the owner to work with it, or he borrowed or hired the owner and subsequently borrowed the cow. In all of these cases, if the cow dies, the borrower is exempt from paying as per Exodus 22:14, “If the owner is with him, he need not pay.” If he borrowed the cow first and only later borrowed or hired its owner and the cow dies, then he is liable as per Exodus 22:13, “Since its owner is not with him, he must surely pay for it.”

Baba Metzia 8:2

Let’s say that a person borrowed a cow for half a day and rented it for the other half, or he borrowed it for one day and rented it for the next, or he rented one cow and borrowed another, and it died. (All of these are cases of half-rentals/half-loans.) If the owner says that it was the borrowed cow that died (in the case of two cows) or that the one cow died on the day or at the time when it was borrowed, and the borrower/renter says he doesn’t know, then he is liable. If the borrower/renter says that it was the rented cow that died, or that the one cow died on the day or at the time when it was rented, and the owner says he doesn’t know, then the borrower/renter is exempt. If one says it was the borrowed cow that died and the other says it was the rented cow, then the borrower/renter must take an oath that it was the rented cow that died. If each party says that they don’t know, then they split the difference.