Commentary for Bava Metzia 156:19

אמר לך שמואל לאו מי איכא רבי שמעון בן אלעזר דקאי כוותי אנא דאמרי כרבי שמעון בן אלעזר איבעית אימא כולה רבי שמעון בן אלעזר היא וחסורי מיחסרא והכי קתני השוכר את החמור והבריקה או נשתטית אומר לו הרי שלך לפניך מתה או שנעשית אנגריא חייב להעמיד לו חמור במה דברים אמורים שלא בדרך הליכתה ניטלה אבל ניטלה בדרך הליכתה אומר לו הרי שלך לפניך

Others maintain: He replied. 'In wool garments;' so he was set free. OR SEIZED AS A [ROYAL] LEVY, HE CAN SAY TO HIM, 'BEHOLD, HERE IS YOUR PROPERTY BEFORE YOU.' Rab said: This was taught only in respect of a levy that is returned;<span class="x" onmousemove="('comment',' Hence the owner can say. 'It is your misfortune that it was seized, and you must wait until it is returned.' ');">¹⁸</span> but if it is a nonreturnable levy, he [the owner] must provide him with [another] ass [in its stead].<span class="x" onmousemove="('comment',' For it is just as though it had perished. ');">¹⁹</span> Samuel said: Whether it is a returnable levy or not, if it is taken on the route of its journey, he [the owner] can say to him, 'Behold, here is yours before you;' but if it is not taken on its route, he is bound to supply him [with another] ass in its stead.<span class="x" onmousemove="('comment',' When an animal was seized as a levy, it was driven along until another was overtaken, when the first was returned (even in the case of nonreturnable seizure, which means nonreturnable unless replaced by another). Hence, if driven in the direction for which it was hired, the owner can say, 'Go along with it, until another replaces it.' But otherwise he must replace it himself, as he cannot expect the hirer to go out of his way until it is returned (Rashi). Tosaf.: If the levy is made haphazardly, whatever is met with on the road being taken (i.e., if it is taken as it goes along), the owner can say, 'Your misfortune is responsible, for had I kept it at home, it would not have been seized.' But if there is systematic searching in people's houses and fields, so that it cannot be regarded as the ill-luck of the hirer, the owner must replace it. ');">²⁰</span> An objection is raised: If one hires an ass, and it is struck by lightning or turns rabid, he [the owner] can say to him, 'There is yours before you.'<span class="x" onmousemove="('comment',' Because it is still fit to bear loads. ');">²¹</span> If it perished or was seized as a levy, he must supply him with [another] ass.<span class="x" onmousemove="('comment',' This ruling contradicts the Mishnah. ');">²²</span> Now, on Rab's view, it is well, and there is no difficulty: there [in the Mishnah] the reference is to a levy that is returned; here [in the Baraitha], to one that is not. But on Samuel's view, is there not a difficulty? And should you answer, On Samuel's view too there is no difficulty: there [in the Mishnah] it means that it was seized on the route of its journey, whilst here [in the Baraitha] that it was not; yet surely, since the second clause states, R. Simeon b. Eleazar said: If it was taken on the route of its journey, he [the owner] can say to him, 'Behold here is yours before you.' but if not, he must supply him with [another] ass-does it not follow that according to the first Tanna there is no difference? — Samuel can answer you: Is there not R. Simeon b. Eleazar who agrees with me? Then my ruling is based on his. Alternatively, the whole [Baraitha] is based on R. Simeon b. Eleazar, but its text is defective, and was thus taught: If one hires an ass, and it is struck by lightning, or becomes rabid, he [the owner] can say unto him, 'Behold, here is yours before you.' If it perished, or was seized as a levy, he must supply him with [another] ass. This holds good [only] if it was not seized on the route of its journey; but if it was, he can say to him, 'Behold, here is yours before you.'

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