Responsa for Bava Metzia 70:10
מר בר רב אשי אמר אין לו עליהן אלא שתי פרות חדא דשאלה וחדא דשכירות שום שאלה אחת היא ושום שכירות אחת היא דשאלה קני לגמרי דשכירות עבד בה ימי שכירותיה ומיהדר ליה למרה
<b><i>GEMARA</i></b>. R. Idi b. Abin said to Abaye: Let us see: how does the hirer acquire the cow?<span class="x" onmousemove="('comment',' I.e.,the freedom from responsibility for it, and the right to be paid by the borrower. ');"><sup>8</sup></span>
Teshuvot Maharam
Q. A demanded from B the book of the order Kodashim which he lent him to copy from. B, in turn, demanded from A the book of the order Moed which he gave to A as security, and which was worth twice as much as A's book. At first A denied that he received B's book, but when confronted by a witness who supported B's claim, A retracted his denial, but alleged: 1) that B loaned him the book with the understanding that his (A's) children should be permitted to study therefrom; 2) that he loaned the book to his son-in-law; and 3) that the book was subsequently burned in the latter's house, and that hence the loss of the book was an unavoidable accident. B denied that he gave A permission to allow his sons to use the book.
A. Since A and B lent books to each other, their responsibilities regarding these books were those of hired watchmen who are not responsible for unavoidable accidents. The question revolves, then, about A's lending the book to his son-in-law. Therefore, upon A's taking an oath that B gave him permission to allow his sons to use B's book, A will be free from any obligation to B. B, on the other hand, may retain A's book, upon taking an oath that he did not permit A to give his book to A's sons for study, and B is further entitled to collect from A's son-in-law (the difference between the value of the lost book and the one B retained) since the responsibility of the son-in-law regarding the book was that of a borrower who is responsible even for unavoidable accidents. If, however, A's son-in-law is willing to take an oath that he did not borrow B's book from A, he will be free from obligation to B, and his oath will not subject his father-in-law to any further obligation.
The question was submitted by R. Moses Azriel b. R. Eliezer Darshan, whose opinion, appended to the question, coincided with that of R. Meir.
SOURCES: Pr. 963; Mord. B. M. 282. Cf. Isserlein Pesakim 200.
A. Since A and B lent books to each other, their responsibilities regarding these books were those of hired watchmen who are not responsible for unavoidable accidents. The question revolves, then, about A's lending the book to his son-in-law. Therefore, upon A's taking an oath that B gave him permission to allow his sons to use B's book, A will be free from any obligation to B. B, on the other hand, may retain A's book, upon taking an oath that he did not permit A to give his book to A's sons for study, and B is further entitled to collect from A's son-in-law (the difference between the value of the lost book and the one B retained) since the responsibility of the son-in-law regarding the book was that of a borrower who is responsible even for unavoidable accidents. If, however, A's son-in-law is willing to take an oath that he did not borrow B's book from A, he will be free from obligation to B, and his oath will not subject his father-in-law to any further obligation.
The question was submitted by R. Moses Azriel b. R. Eliezer Darshan, whose opinion, appended to the question, coincided with that of R. Meir.
SOURCES: Pr. 963; Mord. B. M. 282. Cf. Isserlein Pesakim 200.
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