Shalom u Bracha
Perek Hakones
We said in the mishna that if the owner was Shomer Properly he is Patur- because it is an Ones .
But at the end if the same Mishna we said that if the cow fell the owner has to pay the Hanaa. Why isn't he also Patur since it was on One's?
Tks
Shalom,
There is a basic difference between charges arising from the Shomer's obligation to keep the animal from harming or being harmed, whether he is the owner or whether he is a Shomer on behalf of the owner, and a charge that a person undertakes to pay if his animal has benefited.
His charge as a Shomer is limited to the responsibility he has. If he is a Shomer Chinam, a certain limit is appropriate for a Shomer Chinam; if he is a Shomer Sachar, he is more obligated because he is paid for his services, and so on. But the charge of pleasure is a charge called in the language of the Gemara "Chiyuv Neheneh," that is, a charge based on the mere fact that the animal benefited either by falling on fruits or vegetables and not being injured, or by eating a certain food that came from the place that the keeper or the owner was willing to provide it, and regarding such a charge, it doesn't really matter logically if she benefited under the owner's intensions, or whether this happened unintentionally b'Ones, since this benefit saved vet fees or the cost of food in any case.
Best Regards,
Aharon Steiner