Bava Metzia 080: No payment for non-deviation

[Kollel Iyun Hadaf]

x-mailing-list: daf-disc...@shemayisrael.com
(Please include header and footer when redistributing this material.)
_________________________________________________________________

                 THE DAFYOMI DISCUSSION LIST

      brought to you by Kollel Iyun Hadaf of Yerushalayim
             Rosh Kollel: Rabbi Mordecai Kornfeld
                      d...@dafyomi.co.il

 [REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL]
________________________________________________________________

Bava Metzia 080: No payment for non-deviation

shlomo flam asked:

1) BREACHES OF CONTRACT
     (a)        (Mishnah): If Reuven rented a cow to plow on the
          mountain, and he plowed in the valley, and the blade of
          the plow broke, he is exempt;
          1.   If he rented it to plow in the valley, and he plowed
               on the mountain and the blade broke, he is liable.
     (b)        If he rented it to thresh legumes, and he threshed grain,
          he is exempt. If he rented it to thresh grain and he
          threshed legumes, he is liable, for legumes are slippery.
     (c)        (Gemara) Question: If he did not deviate, which of the
          workers pays?
     (d)        Answer #1 (Rav Papa): The one holding the plow handle
          pays (he should have led it straight).
     (e)        Answer #2 (Rav Shisha brei d'Rav Idi): The one holding
          the blade pays (he inserted it too deeply in the ground.
     (f)        The Halachah follows Rav Shisha;
          1.   If it is known that it was a rocky area, they both
               pay (Rashi - either may have caused it to break;
               Tosfos - both were negligent)

i don't understand the question. didn't we learn in the mishna that if there 
was no deviation there is no payment? "....the plow broke, he is exempt". so 
why if there are 2 people, one of them should pay?????

----------------------------------------------
The Kollel replies:

Tosfos and the Ritva both explain that the cow and the plough both belong to 
the Maskir. The Mishnah refers to the Chiyuv of the one who rented the cow, and 
therefore if he did not change what he agreed with the owner he is Patur. The 
Gemara asks, in the case that the one who rented the cow is Patur, which one of 
the two workers must pay. However, in the Mishnah where the one who rented the 
cow did not keep to the agreement, the workers are P'turim, since they can say 
that they did not agree to look after the plough under such circumstances.

Dov Freedman



>>><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><<<
The *D*AFYOMI *A*DVANCEMENT *F*ORUM, brought to you by Kollel Iyun Hadaf

Write to us at d...@dafyomi.co.il or visit us at http://www.dafyomi.co.il
Fax(US): (206) 2020-DAF; Fax(Isr): (02) 591-6024; Tel(Isr): (02) 651-5004 


_______________________________________________
Daf-discuss mailing list
Daf-discuss@shemayisrael.co.il
http://shemayisrael.co.il/mailman/listinfo/daf-discuss_shemayisrael.co.il