borrower

It was said, if its owners were with him, he does not have to pay. Does he have to swear? Rebbi Ze`ira said, he swears. Rebbi Ḥanina and Rebbi La both are saying, he does not swear. A baraita supports Rebbi Ḥanina and Rebbi La: “Breakage, abduction, and death for which he is not liable in the cases of the paid keeper and the renter, and the borrower with the owner is not liable, without the owner is liable; loss and theft where the paid keeper and the renter are liable, is it not that a fortiori the borrower be not liable with the owner but liable without the owner?” For him who says it is obvious that he swears, should he not have to pay? Rebbi Ḥanina in the name of Rebbi Yudan: A baraita supports Rebbi Ze`ira. “The borrower, for whom the Torah was restrictive, with the owner is not liable, without the owner is liable; the paid keeper, for whom the Torah was lenient, a fortiori with the owner should not be liable, without the owner should be liable.” If you are saying, his problem was swearing, he should have stated “the paid keeper and the renter.” That means he only needs it for payment. It is difficult for Rebbi Ze`ira: the borrower swears if the owner was with him; if the owner was not with him he must pay. The unpaid keeper swears, whether the owner was with him or was not with him. You are saying that where the borrower pays the paid keeper swears. Where the paid keeper swears, the unpaid keeper should not be liable. Where the paid keeper pays, the unpaid keeper swears. What do you state about an unpaid keeper when the owner be with him? But some are asking, what do you state about an unpaid and a paid keeper, whether or not the owner be with him? Rebbi Abin said, any word of criminality. Rebbi Mana said, do we not find that the Torah treated loss and theft equally for the borrower? Therefore, we shall treat breakage, abduction, and death equally both for the unpaid and the paid keepers.

It was said, if its owners were with him, he does not have to pay. Does he have to swear? Rebbi Ze`ira said, he swears. Rebbi Ḥanina and Rebbi La both are saying, he does not swear. A baraita supports Rebbi Ḥanina and Rebbi La: “Breakage, abduction, and death for which he is not liable in the cases of the paid keeper and the renter, and the borrower with the owner is not liable, without the owner is liable; loss and theft where the paid keeper and the renter are liable, is it not that a fortiori the borrower be not liable with the owner but liable without the owner?” For him who says it is obvious that he swears, should he not have to pay? Rebbi Ḥanina in the name of Rebbi Yudan: A baraita supports Rebbi Ze`ira. “The borrower, for whom the Torah was restrictive, with the owner is not liable, without the owner is liable; the paid keeper, for whom the Torah was lenient, a fortiori with the owner should not be liable, without the owner should be liable.” If you are saying, his problem was swearing, he should have stated “the paid keeper and the renter.” That means he only needs it for payment. It is difficult for Rebbi Ze`ira: the borrower swears if the owner was with him; if the owner was not with him he must pay. The unpaid keeper swears, whether the owner was with him or was not with him. You are saying that where the borrower pays the paid keeper swears. Where the paid keeper swears, the unpaid keeper should not be liable. Where the paid keeper pays, the unpaid keeper swears. What do you state about an unpaid keeper when the owner be with him? But some are asking, what do you state about an unpaid and a paid keeper, whether or not the owner be with him? Rebbi Abin said, any word of criminality. Rebbi Mana said, do we not find that the Torah treated loss and theft equally for the borrower? Therefore, we shall treat breakage, abduction, and death equally both for the unpaid and the paid keepers.

HALAKHAH: “He said to the borrower, “where is my ox,” etc. Rebbi Joḥanan said, it was stated thus: “He claimed a claim of loss, swore, and confessed. Whether before witnesses came or after witnesses came he pays the value, a fifth, and a reparation sacrifice. If he claimed a claim of thief, swore, and confessed before witnesses came he pays the value, a fifth, and a reparation sacrifice. When after witnesses came he pays double restitution and a reparation sacrifice; the fifth is counted for him in the double payment, the words of Rebbi Jacob. They said to Rebbi Jacob, where do we find a reparation sacrifice without fifth? He said to them, if he swore, and swore, and swore, we find a reparation sacrifice without fifth. But the rabbis say, there is a fifth for the capital; there is no fifth for oaths.”

MISHNAH: He said to the borrower, “where is my ox?” He told him, “it died,” but it broke, or was abducted, or stolen, or lost. “It broke,” but it died, or was abducted, or stolen, or lost. “ ”It was abducted,” but it died, or broke, or was stolen, or lost. “It was stolen,” but it died, or broke, or was abducted, or lost. “It was lost,” but it died, or broke, or was abducted, or stolen. “I want you to swear;” he answered “Amen”. He is not liable. “Where is my ox?” He told him, “I do not know.” “What are you telling?” But if had died, or broke, or was abducted, or stolen, or lost. “I want you to swear;” he answered “Amen”. He is liable. He said to the recipient of a fee or to a renter, “where is my ox?” He told him, “it died,” but it broke or was abducted; “it broke,” but it died or was abducted; “it was abducted,” but it died or broke; “it was stolen,” but it was lost; “it was lost,” but it was stolen. “I want you to swear;” if he said “Amen”, he is not liable. “It died, or it broke, or it was abducted,” when it was stolen or lost. “I want you to swear;” if he said “Amen”, he is liable. “It was lost, or stolen,” when it died, or broke, or was abducted; he is not liable. This is the principle: Anybody who swears to his benefit is liable, to his detriment is not liable.

HALAKHAH: It was stated: If it was neither to his benefit nor to his detriment, he is liable. Rebbi said, a baraita says so: “If he said to the borrower, the unpaid trustee, the recipient of a fee, or the renter, ‘where is my ox?’ This one said, ‘it died.’” May he tell him, “come and swear to me that you never thought of rustling it”? In any case he would not pay; what could he say? “Even if you would pay me a lot, I want from you what is mine.”

HALAKHAH: “If somebody buys crockery from a Gentile,” etc. “ If somebody buys crockery from a Gentile, something of which he knows that it is used for human food, he washes them clean and they are pure. But pots and boiling kettles one cleanses in boiling water. All of these, if he used them even if he did not immerse them, or cleansed them in boiling water, or rubbed them clean, or made them glowing white in fire, they are pure.” Rebbi Hoshaia said, one has to immerse them, as by the following. Rebbi Immi and Rebbi Jehudah the Prince went down to the hot springs of Gadara and borrowed silverware from the family Osinos. They asked Rebbi Jeremiah who said, one must immerse them because they left the impurity of Gentiles and entered the holiness of Israel. He went out and we want to learn. They left and heard Rebbi Jacob bar Aḥa, Simeon bar Abba in the name of Rebbi Joḥanan: they said only “who buys”, but the borrower is permitted. Then even vessels. Rebbi Hoshaia bought vessels and immersed them.

Illah and Tuvia were relatives of the guarantor. Rav Papa had thought to say, [They should be valid witnesses because] regarding the creditor and the borrower they are unrelated. Rab Huna brei dRav Yehushua said to Rav Papa, If the borrower doesn't have [the funds] won't the creditor go to the guarantor?

Illah and Tuvia were relatives of the guarantor. Rav Papa had thought to say, [They should be valid witnesses because] regarding the creditor and the borrower they are unrelated. Rab Huna brei dRav Yehushua said to Rav Papa, If the borrower doesn't have [the funds] won't the creditor go to the guarantor?