What are the implications of "Im Be'alav Imo ... "?
Rashi: It implies that, if the owner is in the Shomer's employ at the time when the loan takes place, 1 or when the Shomer takes possession of the deposit, 2 the latter is Patur 3 (even for negligence - Rosh & Seforno). 4
Rashbam: It implies that the owner is working with the animal together with the Shomer.
Bava Metzi'a, 94a: It teches us that, if someone borrows a cow and he 'borrows' or hired its owner together with it, 5 or he 'borrows' or hires the owner and then borrows the cow, and it died, 6 he is Patur.
Bava Metzi'a, 96a: "Be'alav Imo" implies "Be'alav", 've'Lo Shelucho' - If Reuven sends a Shali'ach to lend his cow together with himself to Shimon, and the cow subsequently dies, Shimon is Chayav. 7
Even if he is no longer in his employ when the animal dies or is stolen (Rashi).
Bava Metzi'a, 96a: Refer to 22:13:2:1 - only were it not for "Be'alav Ein Imo", we would have thought that "me'Im Re'ehu" is a manner of speech.
And even from a Shevu'ah (Yerushalmi, Shevu'os, 8:1 - See Torah Temimah, note 158).
See Torah Temimah, note 154..
Bava Metzi'a, 95a: In fact, he is Patur even from Peshi'ah, since the Pasuk covers both the previous Parshah (Shomer Sachar) and thee one before that (Shomer Chinam) - who is only otherwise liable for Peshi'ah.
See Torah Temimah, note 158.
Is a Shomer Chinam who is Poshe'a Patur be'Ba'alim?
Bava Metzi'a, 95a: Based on the principle 'Mikra Nidrash Lefanav ve'Lifnei Fanav', the P'tur of Ba'alim extends to Peshi'ah of Shomer Chinam as well. 1
See Torah Temimah, note 155.
Since (in the previous Pasuk) the Torah wrote "Be'alav Ein Imo, Shalem Yeshalem" why does it need to write here "Im Be'alav Imo, Lo Yeshalem"?
Bava Metzi'a, 95b: To teach us that, if the animal left the owner's domain even for a short while together with the owner and died, the Shomer is Patur. 1
Why does 'Be'alav Imo' exempt the Shomer from paying?
Seforno: Since the owner is so closely associated with the Shomer, we can assume that he gives him the deposit 1 as a gift, on condition that he returns it when he is finished with it.
Moshav Zekenim, (citing the Ri): Had something happened to the owner at the time, the borrower would be exempt. All the more so he is exempt for his property. His property should not be more stringent than his body!
Seifer ha'Chinuch (Mitzvah 60): If the owner is there and sees, there is no reason to obligate the Shomer. Really, it should depend on being there at the time of the Oneis, but the Torah gave a uniform law, that it depends on working for the borrower at the time of the loan.
The Torah was concerned that the employer will be upset that his worker did not believe him, and demanded a Shevu'ah, and he may come to fire him. Therefore, the Torah exempts the employer. 2
What are the implications of "Im Sachir hu, Ba bi'Secharo"?
Rashi, Rashbam and Targum Yonasan: With reference to a Socher (a hirer), it implies that -since he has to pay for the use of the animal ("Ba bi'Secharo") - he does not enjoy the full benefit of a borrower, and is therefore Patur from Onsin (but is Chayav for Geneivah va'Aveidah - Rashbam). 1
Yerushalmi Bava Basra, 5:4: It incorporates the middle-man (the go-between the seller and the purchaser for pay) in the Din of a Shomer Sachar. 2
Mechilta: It imlpies that - since he benefits by being able to use the hired object, he is not Patur with a Shevu'ah from Geneivah va'Aveidah like a Shomer Chinam, but is Chayav to pay. 3
