1. what is the machlokes between Rabbah and Rav yosef concerning the liability of a shomer aveidah?
2. What is an example of lifnim meshurat hadin which the gemorah brings in the sugya of teixna?
-thanx
Yoni Braun, Los Angeles, CA
1) Rabah holds that a Shomer Aveidah is like a Shomer Chinam (Patur for Geneivah and Aveidah) since he is not being paid. Rav Yosef says that he is like a Shomer Sachar (Chayav for Geneivah and Aveidah, Patur for Onsim) since he is being paid. His "pay" is the Perutah that he will save if a pauper comes for Tzedakah when he is busy caring for the Aveidah.
2) Rav Yishmael was exempt from the Mitzvah of Te'inah since he was a Zaken and this job was beneath his dignity. One is obligated Hashavas Aveidah or Te'inah only if he would do
such an act for his own benefit. Nevertheless, although such a situation exempts a person from these Mitzvos, Rebbi Yishmael opted to obligate himself in the Mitzvah of Te'inah even though according to the letter of the law he was exempt.
D. Zupnik