Bava Metzia 78 - May 16, 8 Iyar

The Mishna brings cases where an individual rents an item, such as an animal, for a specific purpose and then uses it for a different purpose. The renter is held responsible if the animal dies because of this change. The first line of the Mishna states that the renter is responsible in all cases where a change was made. However, in the second line, the Mishna's ruling depends on the circumstances—specifically, how the animal died and the nature of the change made by the renter. The Gemara explores four possible answers to reconcile these two lines. The first three answers establish that the first line in the Mishna refers to a case where the animal died directly because of the change, regardless of whether the change was from mountain to valley or the reverse. The fourth answer differentiates the two lines of the Mishna as representing the opinions of different authorities. According to this view, the first line reflects Rabbi Meir's opinion, while the second line represents the rabbis' stance. Rabbi Meir holds a stringent view that anyone who goes against the owner's wishes is considered a thief, thus making them automatically liable for any resulting damage or death. The Gemara then seeks to find tannaitic sources to substantiate that this is indeed Rabbi Meir's position. The first two sources examined are rejected, but the third source is accepted, affirming that Rabbi Meir considers any deviation from the owner’s instructions to be considered theft. A case referred to as 'hivrika,' has two different interpretations. The Mishna describes a scenario where a donkey rented by an individual is seized by the king's men (angaria). In such a case, the renter is left without the animal, and the owner is not required to provide a replacement. Rav and Shmuel disagree about the specifics of this case. A Tosefta is brought to challenge Shmuel's interpretation, and two explanations are offered to resolve this difficulty.