«Кредит/ор» Мишпатим 5784

The mishna adds: Watchmen of produce may eat the produce of the field or vineyard by local regulations, i.e., in accordance with the ordinances accepted by the residents of that place, but not by Torah law. There are four types of bailees, to whom different halakhot apply. They are as follows: An unpaid bailee, who receives no compensation for safeguarding the item; and the borrower of an item for his own use; a paid bailee, who is provided with a salary for watching over an item; and a renter, i.e., a bailee who pays a fee for the use of a vessel or animal. If the item was stolen, lost, or broken, or if the animal died in any manner, their halakhot are as follows: An unpaid bailee takes an oath over every outcome; whether the item was lost, stolen, or broken, or if the animal died, the unpaid bailee must take an oath that it happened as he described, and he is then exempt from payment. The borrower does not take an oath, but pays for every outcome, even in a circumstance beyond his control. And the halakhot of a paid bailee and a renter are the same: They take an oath over an injured animal, over a captured animal, and over a dead animal, attesting that the mishaps were caused by circumstances beyond their control, and they are exempt, but they must pay for loss or theft.

(13) When any party borrows [an animal] from another and it dies or is injured, its owner not being with it, restitution must be made. (14) If its owner was with it, no restitution need be made; but if it was hired, that payment is due.

אם בעליו עמו BUT IF THE OWNER THEREOF BE WITH IT (lit., with “him”) — whether he be employed in the very kind of work for which the animal has been borrowed, or whether he be employed in any other work of the borrower — provided that he (the owner) was employed by the borrower when the loan was effected it is not necessary, in order to free him from restitution that he should be employed by the bailee at the time when the injury or death took place (Bava Metzia 95b).

§ Rav Hamnuna says that the exemption from liability when one borrows an item together with the services of its owner exists only in very specific circumstances: A borrower is always liable, unless the item entrusted to him is a cow and its owner plows with it in the service of the borrower, or it is a donkey and its owner drives it by walking behind it in the service of the borrower, i.e., the owner and his animal are engaged in the same work. And even so, the borrower will not be exempt unless the owner is working for him from the time of the borrowing of the animal until the time when it is injured or dies. The Gemara notes: Evidently, Rav Hamnuna holds that the phrase: “Its owner is with him” (Exodus 22:14), teaches that the exemption from liability applies only when the owner is working for the borrower for the entire matter.

And furthermore, even the second part of Rav Hamnuna’s ruling, that the exemption applies only when the owner was working for the borrower from the time of the borrowing of the animal until the time of the mishap, can be refuted, as it is taught in a baraita: From the implication of that which is stated: “If its owner is with him, he does not pay” (Exodus 22:14), do I not already know what is stated in the next verse, that “if its owner is not with him, he shall pay” (Exodus 22:13)? Rather, what is the meaning when the verse states: “Its owner is not with him”? It serves to tell you: If he was with him, i.e., working for him, at the time of borrowing, he does not need to be with him at the time when the animal is injured or dies for the exemption from liability to apply; but if he was with him at the time when the animal is injured or dies, he does need to have been with him at the time of borrowing for the exemption from liability to apply.

And about the matter that he is exempt if borrowing in the presence of the owners, we can say according to the simple understanding that the Torah did not make the borrower liable since the owner of the vessel or of the animal is with him — as since he is there, he will guard what is his. And even though the borrower is [still] exempt after the owners left [him], if they were there at the time of the borrowing — it is possible to answer about this that the Torah did not want to give different measures for its words and state that if the owners stay long, he will be exempt, but if [only] a little, he will be liable. [Instead,] the Torah commanded more generally that so long as the owners are there at the time of the borrowing, he will be exempt. And this is the reason that they, may their memory be blessed, said (Bava Metzia 95b), that if he was there with him at the time of the borrowing — even if he was not with him at the time of it breaking or dying — he is exempt;

Rava says: With regard to one who wants to borrow something from another and be exempt from liability, let him say to the lender at the time of borrowing: Pour me water. He will thereby be exempt, as it is then a case of borrowing an item and borrowing or hiring the services of its owner with it.

And if the lender is perspicacious and wishes to prevent the borrower from being exempt from liability, let him say to him: Borrow the item first and then I will pour the water for you. Since the owner will not yet be working for the borrower at the time of the borrowing, the exemption does not apply.

What fate is decreed by God above?What lot, by Shaddai in the heights?

The second soul of a Jew is truly a part of G–d above, as it is written, “He breathed into his nostrils a soul of life,” and “You have breathed it [the soul] into me.” And it is written in the Zohar, “He who blows, blows from within him,” that is to say, from his inwardness and his innermost, for it is something of his internal and innermost vitality that man emits through exhaling with force.

And Ḥizkiya said that Rabbi Yirmeya said in the name of Rabbi Shimon ben Yoḥai: I am able to absolve the entire world from judgment for sins committed from the day I was created until now. The merit that he accrued through his righteousness and the suffering that he endured atone for the sins of the entire world.

Rabbi Shimon ben Yochai would say: From this you know that Israel will never see the face of Gehenna...

§ It is taught in a baraita: Rabbi Shimon ben Yoḥai says: Come and see how beloved the Jewish people are before the Holy One, Blessed be He. As every place they were exiled, the Divine Presence went with them.

(8) They heard the sound of God יהוה moving about in the garden at the breezy time of day; and the Human and his wife hid from God יהוה among the trees of the garden. (9) God יהוה called out to the Human and said to him, “Where are you?” (10) He replied, “I heard the sound of You in the garden, and I was afraid because I was naked, so I hid.” (11) “Who told you that you were naked? Did you eat of the tree from which I had forbidden you to eat?”

(15) Remember, I am with you: I will protect you wherever you go and will bring you back to this land. I will not leave you until I have done what I have promised you.”

(20) Jacob then made a vow, saying, “If God remains with me, protecting me on this journey that I am making, and giving me bread to eat and clothing to wear, (21) and I return safe to my father’s house— יהוה shall be my God. (22) And this stone, which I have set up as a pillar, shall be God’s abode; and of all that You give me, I will set aside a tithe for You.”

I give thanks to You living and everlasting King for You have restored my soul with mercy. Great is Your faithfulness.