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BAVA METZIA 106

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ABANDONING THE FLOCK
 
If a shepherd abandons his flock and goes to town and a lion or wolf kill animals from the flock we estimate if he would have been able to save the animal if he had been there and if so he is obligated to pay. But if he could not have saved the animal he is Patur and the owner can't claim that if he had not abandoned the flock a miracle would have occurred and he would have saved the animal because the shepherd could claim that if he was deserving of a miracle he would have been Zocheh to the miracle of a R. Chanina Ben Dosa and the animal would have fended off the lions with their horns. The Ben Yehoyada asks how could the owner claim that a miracle would have occurred because if he was deserving of a miracle the lion would not have invaded the flock in the first place. The Ben Yehoyada answers that even a person deserving of a miracle if a miracle occurs it is subtracted from his merits unless a Kidush Hashem results from the miracle. If the lion would not have invaded the flock in the first place no Kidush Hashem would have resulted but if the shepherd saved the lions from the animals it would have been a Kidush Hashem.

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WINDBLOWN CROPS
 
If someone leases or rents a field from his friend if the crops are eaten by locust or are windblown if it occurred to most of the fields of the city he may subtract from his payments in accordance with the amount he lost. However if it didn't occur to most of the fields he may not subtract from his payment even though all of the fields of the owner were windblown. If all of the fields of the renter or the lease holder are windblown even though most of the fields of the city were also windblown he may not subtract from his payment because the loss is attributed to the renter. (Shulchan Aruch CM 228:1)

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