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SUMMARY
If someone rents a donkey and it becomes blind or goes crazy he may not demand a replacement.
Is he rented the donkey for riding and it becomes blind or goes crazy the owner must provide him with a replacement according to R. Shimon Ben Elazar. (1)
R. Papa says if he rented the donkey to transport glass utensils it is the same as if he rented it for riding.
If someone rents a specific donkey and it dies when he is half way to his destination he must pay half of the rent and the only recourse he has is a grievance. (2)
If someone rents a Stam donkey and it dies the owner must given him a replacement donkey; if he rented a specific donkey the owner is not obligated to give him a replacement.
If he rents a specific donkey and when he is half way to his destination if the carcass is valuable enough to buy a new donkey with the proceeds of its sale he shall do so and continue on to his destination.
If the carcass is not valuable enough to buy a new donkey with the proceeds of its sale he shall not rent a donkey with the proceeds according to Rav so that there will be something left for the owner, while Shmuel argues
If someone gives a tree to his friend for a Mashkon if the tree dries up or is cut down the wood is sold and land is bought with the money.
If someone sells his land for sixty years it is not returned to the owner in the Yovel.
If someone rents a specific ship to bring Stam wine and it sinks when he is half way to his destination if he already paid the rent it must be returned to him. (3)
If he rents a Stam ship to bring specific wine and it sinks when he is half way to his destination even if he had not yet paid the rent he must pay it because the owner can say bring the wine and I will provide a ship.
If he rents a specific ship to bring specific wine and it sinks when he is half way to his destination if he had not yet paid the rent he is Patur and if he already gave the rent it is not returned to him. (4)
If he rents a Stam ship to bring Stam wine and it sinks when he is half way to his destination the renter must pay half of the rent and if he paid the full rent half of it shall be returned.
If someone rents a ship and half way to his destination he loads the ship with extra packages he must pay extra rent for the packages the owner of the ship has no recourse other than a grievance. (5)
If someone rents a donkey for the purpose of riding the renter may place on the donkey his clothing, jug and Mezonos that he needs for that trip and the driver place on the donkey, barley and straw and the Mezonos that he needs for that day. (6)
If a donkey is rented for a man a woman may not ride on it if the donkey is rented for a woman a man may ride on it and all women may ride on it even if she is big or pregnant and nursing.
A BIT MORE
1. a blind or crazy donkey is dangerous to use for riding because it may topple him from a bridge or throw him into a pit.
2. If in the place that it died it is not difficult to rent another donkey he doesn't even have a grievance however if it is not easy to rent a donkey in that place and the value of the carcass of the donkey is not sufficient to buy another donkey he has a grievance but he still has to pay half of the rent because if he had originally wanted to rent the donkey until here he would of paid for the rental.
3. The owner can't fulfill his commitment because he committed himself to a specific ship while the renter is capable of fulfill his commitment because he didn't commit himself to a specific wine and since the owner can't fulfill his commitment he must pay back the rent.
4. The claimant in this case has the lower hand because the Muchzak can say I am prepared to fulfill my commitment when you are also ready to fulfill your commitment.
5. The agreement was that the renter pays in according with the number of packages that he takes, however the owner may have a grievance against him for not notifying him in advance that he would load more packages in the middle because he thought he would return quickly and also because he is forced to buy more ropes because a heavy ship requires longer ropes because it must travel further out at sea where the water is deeper and since he wasn't notified in advance he must buy the ropes on the way where they are more expensive.
6. The renter may bring Mezonos for the entire trip while the driver may only bring Mezonos for that day because Mezonos is not available on the road but it is available in the places where they stop for the night, the driver is proficient at finding out where the Mezonos is sold and he can buy his daily provision while the renter is not proficient at finding Mezonos and therefore he may bring for the entire trip.
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BRIEF INSIGHT
YOVEL
If a tree was given for a Mashkanta and it was cut done it shall be sold and a field shall be brought with the proceeds. The Gemara asks that the field will eventually be returned in the Yovel and the Gemara answers that it is referring to nowadays when Yovel no longer applies. The Rashba asks why the Gemara didn't answer that the field was bought on condition that it will not be returned in the Yovel. The Rashba answers that such a condition is not valid because a person may not make a condition on something that is not his as the Pasuk states 'the land shall be sold everlastingly because all of the land is Mine'.
QUICK HALACHAH
RENTING A DONKEY
If someone says I am renting you this donkey if he rented it to ride it or to transport glass utensils and it died halfway to his destination of the carcass is valuable enough to purchase another donkey with the proceeds of its sale he shall do so and if it is not valuable enough he shall rent a donkey with the proceeds even if it uses up all of the money until he reaches this destination. If the proceeds ARE not sufficient even to rent a donkey he shall pay half of the rent and his only recourse is a grievance. If he rented it for transporting a load and it dies halfway to his destination the owner is not obligated to replace it and he shall pay for half of the rent and leave for the carcass. (Shulchan Aruch CM 310:2)
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