REVACH L'DAF
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SUMMARY
The hand of a non-Jewish servant is like the hand of his master.
If the borrower requested that the cow shall be sent with the servant of the lender and it dies on the way he is Chayav; Shmuel says he is only Chayav if he sent it with his Jewish servant. (1)
Rav says even if he sent it with his non-Jewish servant the borrower is Chayav if it dies on the way if he told him to hit the animal with a stick and it will come on its own. .
If a lender sends a cow to the borrower with his son or Shali'ach, the borrower is Chayav bit if he sent it with his servant the borrower is Patur. (2)
If someone requests that his friend lend him a cow and to hit it with a stick and let it come if the courtyard of the borrower is inside the courtyard of the lender he is Chayav if it dies on the way even according to Shmuel. (3)
R. Huna says if someone lends a hammer to his friend as soon as the borrower uses the axe he is Koneh and the lender may no longer retract. (4)
R. Ami says if someone lends an axe of Hekdesh to his friend b'Shogeg he is Mo'el in accordance with the amount of benefit that he has from lending the item and the borrower may use the axe even l'Chatchilah. (5)
R. Elazar says that just as the Rabanan instituted that a buyer is Koneh with Meshichah so too the Rabanan instituted that a Shomer is Koneh with Meshichah
Just like someone who buys Karka is Koneh with Kesef, Shtar, or Chazakah so too someone who rents Karka is Koneh with Kesef, Shtar, or Chazakah.
If someone steals fifty pressed dates that are worth 49 Zuzim if they are sold together and if they are sold one by one they are sold for one Zuz a piece if he steals it from a Hedyot he pays forty nine Zuz. (6)
If he steals the pressed dates from Hekdesh he must pay fifty Zuzim plus an additional fifth however if he damages Hekdesh he is not obligated to pay an additional fifth.
If a person's animal enters his friend's field and eats a row of produce we estimate how much a Beis Se'ah is devalued as a result of a loss of a row of produce. (7)
If a person takes a stone or beam of Hekdesh he is not Mo'el but if he gives it to his friend he is Mo'el and his friend is not Mo'el. (8)
If he takes the stone of Hekdesh and builds it into his house he is not Mo'el until he lives underneath it the amount of a Perutah. (8)
If someone breaks a barrel of wine of a merchant and the barrel sells for five Zuz on the market day and for four Zuz at other times if he pays him before the market day he may repay him with another barrel of wine but if not he must him five Zuz. (9)
If the owner of the wine did not sell his storage of wine on the market day he may repay him with another barrel of wine even after the market day because the owner can't claim he would have sold it on market day. (10)
A BIT MORE
1. However, if he sent it with a non-Jewish servant the borrower is Patur since the hand of a servant is like the hand of a master it is as if the cow is still in the hands of the master and it is not in the Reshus of the borrower.
2. The borrower instructed the owner to send it with his son or Shali'ach and therefore he is Chayav, but if he sent it with his non-Jewish servant he is Patur even according to Rav because he didn't tell him to hit it with a stick and let it come on is own.
3. Since the cow is not forced to travel by way of the Reshus ha'Rabim on the way to the to the courtyard of the borrower he borrower is Meshabed himself and accepts responsibility for the cow even before it entered his Reshus even though there are corners in the courtyard of the lender and the cow could potentially hide there instead of entering the courtyard of the borrower, however according to Rav even if the animal is forced to travel by way of Reshus ha'Rabim the borrower is Chayav if he tells the lender to hit it with a stick and let it come in its own even according to Shmuel.
4. R. Huna holds that Meshichah is not Koneh for a borrower and even though the borrower did Meshichah the lender may retract if the borrower did not use the axe yet.
5. R. Ami disagrees with R. Huna and he holds that a borrower is Koneh with Meshichah and therefore he is Mo'el when the borrower does Meshichah. Since the lender was Mo'el and e is Chayav to pay for the benefit that he has the axe is no longer in the Reshus of the Hekdesh and the borrower may use the axe.
6. Even though it could be sold for fifty Zuzim if it is sold one by one however the Torah is lenient with regards to paying a Hedyot for a stolen item just as the Torah is lenient with regards to the payment of a Mazik.
6. The Torah is lenient on the Mazik and doesn't require him to pay the full value of the produce and instead he only pays the amount that a Beis Se'ah is devalued with a loss of one row of produce.
8. He is not Mo'el by taking the stone or the beam of Hekdesh because this case is referring to the treasurer of Hekdesh and therefore the stolen item was not taken out of the Reshus of Hekdesh, however if he gives it to his friend as a gift it is no longer in the Reshus of Hekdesh and therefore he is Mo'el.
9. He placed the stone in a sky window to block it off and since it is not part of the construction of the house he is not Mo'el until he benefits a Shaveh Perutah, but if he actually makes it part of the construction of the house he is Mo'el immediately.
10. If he doesn't pay him before the market day the merchant can say that I would have sold it on the market day and received five Zuz and therefore he must pay him five Zuz, however he may subtract from the five Zuz the amount the owner would be willing to pay so that he doesn't have to make the effort to sell the wine and the amount he would have to pay for advertising.
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BRIEF INSIGHT
ONE COURTYARD INSIDE THE OTHER
If someone requests that his friend lend him a cow and to hit it with a stick and it will come on its own if the courtyard of the borrower is inside the courtyard of the lender he is Chayav if it dies on the way even according to Shmuel. The Rashba says if the opposite was true that the courtyard of the lender was inside the courtyard of the borrower if the borrower told the lender to hit it with a stick even if the cow already reached the courtyard of the borrower he is not Chayav. The reason is that since the lender has a path to the Reshus ha'Rabim that goes through the courtyard of the borrower even though the cow has entered his courtyard it is still in the Reshus of the lender.
QUICK HALACHAH
HITTING WITH A STICK
If a borrower instructs the lender to hit the animal with a stick and it will come on is owner and the lender does so the borrower is not Chayav until it enters his Reshus. (Shulchan Aruch CM 340:5)
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