MISHNAH: If somebody borrowed a cow and asked its owner [to work with him], or borrowed a cow and paid its owner [to work with him], or asked or paid its owner [to work with him] and then borrowed the cow: if it died he is not liable since it was said: “if its owner was with it he does not pay 22:14 . The verse is read to mean that the borrower is not liable to pay for an animal which dies while working for him if its owner also was working for him all the time the animal was working. The owner need not be near the animal at the moment of its death. .” But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable since it was said: “if its owner was not with it, certainly he shall pay. 22:15 . ”
HALAKHAH: “If somebody borrowed a cow,” etc. Rebbi Ila said, from the meaning of what is said, “certainly he shall pay”; would we not have known that if its owner was with it he does not pay? Why does the verse say, “if its owner was not with it, certainly he shall pay”? But since he borrowed the cow and did not ask its owner at the same time, even if the latter was ploughing with it when it died, he is liable.
“But if he borrowed the cow and afterwards asked or paid its owner [to work with him] and it died he is liable.” Rebbi La said, from the meaning of what is said, “if its owner was not with it, certainly he shall pay,” would I not have known that if its owner was not with it, certainly he shall pay? Why does the verse say, “if its owner was with it he does not pay”? But since he borrowed the cow and did ask its owner at the same time, even if the latter was ploughing at another place when it died, he is not liable 22:14 (p. 206–207). In the language of Mekhilta dR. Ismael ( Neziqin 16, p. 306): The borrower has to pay if the cow was out of its owner’s control even for one moment. .
MISHNAH: Somebody borrowed a cow; he borrowed it for half a day and leased 22:14 ). it for half a day, or borrowed it for one day and leased it for the next, or borrowed for one and leased for one. The lessee says, the borrowed one died, or it died on the day it was borrowed, or it died during the time it was borrowed, and the other one says “I do not know”, he is liable. The lessor says, the leased one died, or it died on the day it was leased, or it died during the time it was leased, and the other one says “I do not know”, he is not liable. One says the borrowed and the other one says the leased; let the lessee swear that the leased one died. If both say “I do not know” they shall split.
HALAKHAH: “Somebody borrowed a cow,” etc. What is the status of the night in between? Some say, usually cows rest at their owners’, and this one, because it is leased to him, stays overnight and is as if loaned to him; he is liable. But some say, usually cows do not rest at their owners’, and this one is as if being leased to him; he is not liable.
MISHNAH: If somebody borrowed a cow and [the lender] sent it through his son, or his slave, or his agent, or through the borrower’s son, or slave, or agent, and it died, he is not liable. If the borrower said, send it to me through my son, or slave, or agent, or through your son, or slave, or agent, or if the lender said, I am going to send it to you through my son, or slave, or agent, or through your son, or slave, or agent, and the borrower said: send! If it died, he is liable. The same holds when he returns it.
HALAKHAH: It was stated: ‘Lend me your cow for ten days and you shall be lent to me the first five days.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude. ‘Lend me your cow for ten days and you shall be lent to me the first of these.’ If it died during the later days, was it subject to the first days’ servitude? it died subject to the later days’ servitude. ‘Lend me your cow after ten days.’ The other one said, ‘take it now.’ If it died, was it subject to the first days’ servitude? It died subject to the later days’ servitude.
Lend me your cow and I shall respond to your request; lend me your cow and come work with me; lend me your axe and come weed with me; lend me your plate and come eat with me. If he borrowed it from the superintendent of cisterns, the steward 4:7 . , or the administrator and it died, it is as if the owners were with it.
MISHNAH: Somebody exchanged a cow for a donkey and it gave birth, or he sold his slave girl and she gave birth. If one said, [it happened] before I sold, the other said, after I bought, they shall split. If he had two slaves, one adult and one young, or two fields, one large and one small. The buyer says, I bought the large one, and the seller says, I do not know: he acquired the large one. The seller says, I sold the small and the other party says, I do not know: he has only the small one. If one says the large one and the other says the small, let the seller swear that he sold the small one. If both say, I do not know, they shall split.
HALAKHAH: “If he said to him, lend me,” etc. “Somebody exchanged a cow,” etc. Rebbi Joḥanan said, this contradicts Symmachos who says that in all cases of doubt one splits evenly. Rebbi La said, explain it if both of them say, I am certain. Rebbi Yose explained, if both of them say, I am certain, that is what Rebbi Joḥanan refered to when he said, this contradicts Symmachos’s words.
MISHNAH: Somebody sold his olive trees for their wood 4:9, Notes 109–113 ). But one is permitted to cut down a fruit tree which does no longer yield a commercially useful crop, or if its wood is more valuable than its crop. . If they produced less than a quartarius [of oil] per se‘ah , it belongs to the owner of the olive trees. A quartarius [of oil] per se‘ah, one says, my olive trees grew [the olives], the other says, my land grew them: they shall split evenly. If a river flooded his olive trees and carried them to another’s field 7:3 ). ; one says, my olive trees grew them, the other says, my land grew them: they shall split evenly.
HALAKHAH: “Somebody sold his olive trees for their wood,” etc. Rebbi Joḥanan asked, what is their status if they become moist?
Rav Huna said, if it swept them away in their earth. Rebbi Yose ben Ḥanina said, the years of ‘orlah are their dispute(Mishnah ‘Orlah 1:3). There is no yield to quarrel about. Therefore, the Mishnah presupposes that the earth in which the tree was planted was eroded and the tree was swept away with it, as explained in the Mishnah. R. Yose b. Ḥanina notes that the original owner has a claim only for the three years in which the new owner would not have had any yield, were it not for the original owner’s earth in which the roots were embedded. After three years the entire harvest is the second owner’s. .
MISHNAH: He who rents a dwelling to another person cannot remove him from there during the rainy season, from Tabernacles to Passover, but in the dry season on thirty days’ notice. But in walled cities,(Mishnah ‘Orlah 1:3). There is no yield to quarrel about. Therefore, the Mishnah presupposes that the earth in which the tree was planted was eroded and the tree was swept away with it, as explained in the Mishnah. R. Yose b. Ḥanina notes that the original owner has a claim only for the three years in which the new owner would not have had any yield, were it not for the original owner’s earth in which the roots were embedded. After three years the entire harvest is the second owner’s. whether in the dry or the rainy season, on twelve months’ notice. For a store, whether in a walled city or in a village, twelve months. Rabban Simeon ben Gamliel said, a baker’s or dyer’s store, three years.
HALAKHAH: “He who leases a dwelling to another person,” etc. It was stated: “Anywhere they mention 30 days or twelve months it does not mean that one has to dwell there 30 days or twelve months but notice must be given before 30 days or twelve months. An oil press, the entire period it is in use. A wine press, the entire period it is in use. A potter’s atelier no less than twelve months. Rebbi Yose said, when has this been said? For those who work with black earth. But one who works with white earth collects his stock and leaves.”
MISHNAH: He who leases a dwelling to another person: the lessee must provide the door, the key-bolt and the door handle and everything that requires expert installation. But anything that does not require experts, the lessor does it. Manure belongs to the lessee; the lessor only has what comes from the oven and the cooking stove.
HALAKHAH: “He who leases a dwelling to another person,” etc. Rebbi Isaac ben Ḥaqula instructed that a mezuzah requires expert installation 6:9 , 11:20 ). The Babli disagrees, 102a . .
MISHNAH: He who leases a dwelling to another person by the year, if the year was intercalated, it was intercalated for the lessor. If he leased by the month, if the year was intercalated it was intercalated for the lessee. It happened in Sepphoris that a person leased a bathhouse from another for twelve gold denars per year, one gold denar per month. The case came before Rabban Simeon ben Gamliel and Rebbi Yose who said, they should split the intercalated month.
HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything? And if he came to him at the beginning of the month, he can tell him, get out. Samuel says, the Mishnah is so: If he came to claim in the middle of the month. Rav said, a rule to collect. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one 7:4 . Since months are mentioned last, the lease is per month only and every month is payable. This is Rav’s reason in the Babli. .
MISHNAH: He who leases a dwelling to another person and it collapsed has to provide him with a dwelling. If it was small he may not make it large, large he may not make it small. One room he shall not make into two, two he may not make into one. He may not reduce the number of windows nor add to them except with the agreement of both parties.
HALAKHAH: “He who leases a dwelling to another person,” etc. Rebbi Simeon ben Laqish said, if he puts him into it. Rebbi Joḥanan said, if he told him, a dwelling like this I shall lease to you. But if a person leasing a house wants to sell it? Rebbi Immi said, nobody thinks that this one should die of hunger. Rebbi Ze‘ira and Rebbi Hila both say, while certainly it is acquired by him, he has to tell him, let him dwell there until the time of his recall reads עַד מִישׁלַם זִימְנֵיהּ “until his time is up.” . There came a case before Rebbi Nisi and the later text. and he did not accept this. Does he disagree? They said, his daughter was given as a pledge to a Roman [and he did not have the wherewhithal to redeem her and Rebbi Assi instructed to sell;] therefore he instructed following Rebbi Immi.