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Talmud Presentation??-? ?? ???? 29 "????? ??
?????" ? ?? ??-? "??? ?? ??? ???? ?????? ??????
???" ???? 11.
Mark Waisglass
Mark Kostiner
Jonathan Teller
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MISHNA
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Leads it to a valley and the donkey slips and
hurts itself or dies then
CASE 1 If A rents a donkey to lead to a
mountain but instead
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A isnt liable and B (the owner) has to give
A another Donkey
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But if the Donkey was affected by the sun and
died then A is liable because its hotter in a
valley than on a mountain.
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Leads it to a mountain and the donkey slips and
hurts itself or dies then
CASE 2 If A rents a donkey to lead to a valley
but instead
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A is liable and has to give B another Donkey
BUT if the donkey dies from overheating then A
is not liable since its cooler on a mountain then
a valley
But if the donkey becomes overheated BECAUSE of
the ASCENT then A is liable!!!!!
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CASE 3If A rents a donkey and it becomes
blind or is borrowed by the king then B can
say Behold what is yours is before you
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But if the donkey breaks its limb and A loses
out on what he paid for then B must provide him
with another donkey
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GEMARA
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So if A rents a donkey and HIVRIKAH then the
owner can say what is yours is before you
Q) What is the meaning of the word HIVRIKAH in
the context of an animal becoming disabled?
A1) The Babylonian translation is that it is a
speck in the animals eye, which makes it blind.
A2) Ravas translation says that it means
breaking or deterioration of the animals legs
due to worm infestation.
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Ravas translation triggers the following
storyThere was a certain individual who told
the kings officers that he saw moths in the kings
wardrobe and when he said that the silver
(flaxen) wardrobe were eaten then he was killed
but when he said gold (woollen) he was spared.
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The Mishna stated that if the rented donkey is
pressed into the service of the king, the owner
can say to the renter, behold what is yours is
before you.

• First Interpretation
• Rav says that this ruling is only in a case where
  the animal will later be returned
• BUT!!
• In a case where the king doesnt return the
  donkey, the owner (B) gets a new donkey for the
  renter (A).

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• Second Interpretation
• Shmuel says that it doesnt matter if the donkey
  would be returned its possible that the owner
  wont have to give the renter another donkey.
• If the animal was taken in the direction he was
  supposed to and the king confiscates it then the
  owner can say behold what is yours is before you
• BUT!!!
• If it wasnt taken in the right direction then
  the owner must provide the renter with another
  donkey.

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GEMARA CHALLENGE!!!
It objects to Shmuels interpretation based on a
Braita If one rents a donkey and becomes
permanently blind or demented then the owner may
say to the renter behold what is yours is before
you, But if the animal dies or is pressed into
service of the king then the owner must give the
renter another donkey.
Rabbi Rejection
Footnote RAFI
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Now theres a conflict

• Because in the Mishna it states that if the
  animal is pressed into service of the king then
  the owner can say what is yours is before you!
• BUT the Braita says that the owner would have
  to provide another donkey!!!!!!!!!!

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.

• BUT there is no contradiction with Rav!
• Because Rav says that in the Mishna its
  talking about an animal that was used by the king
  and later be returned and in that case Rav says
  that the owner doesnt have to give a
  replacement. But in the case of the Braita, it
  talks about an animal that was taken by the king
  and not be returned.

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ACCORDING TO RAV EVERYTHING IS OK!But According
to Shmuel, there is still a problem.
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The Gemara tries to justify Shmuels ruling

• You could think that there isnt a problem
  because you can say that in the Mishna the donkey
  was taken in the direction of its journey, but in
  the Braita it wasnt taken in the direction of
  its journey.

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.

• This explanation is rejected because ----.
• Later in the Braita R Shimon Ben Elazar says
  
• - If the animal was taken in the direction of
  its journey the owner can say to the renter
  behold what is yours is before you. And if it
  wasnt taken in the direction of its journey the
  owner has to provide the renter with another
  donkey.
• Isnt the explanation that Shmuel gave, the same
  as R Shimon Ben Elazar?

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The Gemara tries again to defend Shmuel

• The Gemara offers a second defence of Shmuels
  opinion
• You can say that the entire Braita goes according
  to
• R Shimon Ben Elazar and this is how it
  should read If one rents a donkey and it
  becomes blind or demented then the owner may say
  behold what is yours is before you. But if the
  animal dies or is pressed into service of the
  king then the owner must provide the renter with
  another donkey........

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Continuation of the Baraita.......

• Regarding what case were these words stated?
  Where the animal was not taken in the right
  direction.
• But if the donkey was taken in the right
  direction then the owner may say to the renter
  behold what is yours is before you.
• These are (all) the words of R Shimon Ben Elazar
  because he used to say if the donkey was taken
  in the direction of his travel, the owner may say
  to the renter behold what is yours is before you
  and if the donkey wasnt taken in the direction
  of his travel then the owner has to give the
  renter another donkey.

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The Gemara challenges the second defence of
Shmuel

• Can you establish the whole Braita like R Shimon
  Ben Elazar?
• But the first section states that if one rents a
  donkey and if becomes blind or demented the owner
  then the owner behold..
• Whereas Rabbi Shimon Ben Elazar says that if one
  rents a donkey specifically to ride on it and it
  becomes blind or demented, then the owner is
  obligated to provide the renter with another
  donkey?

AHA!!
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The Gemara reconciles the two Braitas

• Rabba bar Rav Huna says that renting a donkey to
  ride on it is different and its possible to say
  that R Shimon Ben Elazar commented on both
  Braitas and our Mishna agrees with both him and
  Shmuel!

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The Gemara attaches another ruling to it

• Rav Pappa says that renting a donkey to transport
  glass vessels is the same as renting one to ride
  on it because in both cases the renter needs a
  sure footed animal.