Talmud Bavli
Talmud Bavli

Commentary for Shevuot 88:2

לימא דרב יוסף תנאי היא לא בשומר אבידה דכולי עלמא אית להו דרב יוסף והכא במלוה צריך למשכון קא מיפלגי מר סבר מצוה קא עביד ומר סבר לאו מצוה קא עביד

but here they disagree in a case where the lender requires the pledge [for his use]:<span class="x" onmousemove="('comment',' And he deducts from the loan the amount he would have to pay for its hire.');"><sup>4</sup></span> one<span class="x" onmousemove="('comment',' R. Akiba holds that though he is making use of the pledge he is still doing a mizwah by lending the money, for he is deducting from the debt the amount he would have to pay for hiring the pledge; and since he is doing a mizwah, he is a paid guardian for the pledge, and is responsible for its loss.');"><sup>5</sup></span> holds he is doing a mizwah, and the other<span class="x" onmousemove="('comment',' R. Eliezer holds that since he is using the pledge, he is not doing a mizwah, for he wants it for his own benefit, and is therefore an unpaid guardian, and is not responsible for its loss.');"><sup>6</sup></span>

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