More Discussions for this daf
1. Rented donkeys and boats 2. Rented donkeys 3. Tosfos
4. Royal Troops Who Commandeer Donkeys 5. Tosfos DH Rebbi Yosi bar Chanina Amar 6. שינוי קונה בהגוזל קמא
DAF DISCUSSIONS - BAVA METZIA 78

Avraham Black asks:

These comandeers are taking peoples' donleys and returning them to the renter who has followed along. At that time the troops then take the next donkey they see.

My question deals with the difference between Rashi and Tosfos who cite Rabbeinu Chananel,

There seems to be two variables here:

1) Whether the renter is going in the same direction and

2) Whether the troops are searching barns for animals, and whether the renter kept his in a barn.

How does Rashi's interpretation differ from Tosfos, keeping in mind that we are attempting to determine whether or not the owner needs to replace the animal.

Can anyone there clear this issue up for me. Wishing for Hash-m to help you with your response.

Avraham Black, Jerusalem [Har Nof] Eretz Hakodesh

The Kollel replies:

According to Rabeinu Chananel, it does not make a difference whether the renter is going in the same direction or not. The crucial factor is where did the troops confiscate the donkey. If the troops do not search in the houses or barns but only take the donkeys when they find them on the road, then the owner of the donkey can say to the renter, "Mazalcha Garam" -- "your luck caused this," and that it was taken because "had you stayed at home it would not have been taken."

Kol Tuv,

Dovid Bloom