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1) BREACHES OF CONTRACT

(a) (Mishnah): If Reuven rented a cow to plow on the mountain, and he plowed in the valley and the Kaneh broke, he is exempt;

1. If he rented it to plow in the valley, and he plowed on the mountain and the blade of the plow broke, he is liable.

(b) If he rented it to thresh legumes and he threshed grain, he is exempt; to thresh grain and he threshed legumes, he is liable, for legumes are slippery.
(c) (Gemara) Question: If he did not deviate, which of the workers pays?
(d) Answer #1 (Rav Papa): The one holding the plow handle (he should have led it straight).
(e) Answer #2 (Rav Shisha brei d'Rav Idi): The one holding the blade of the plow (he inserted it too deeply in the ground.
(f) The Halachah follows Rav Shisha;

1. If it is known that it was a rocky area, they both pay (either may have caused it to break).

(g) (R. Yochanan): Reuven sold a cow to Shimon, saying it gores, bites, kicks, and crouches; only one of these was true - this is a mistaken sale (since Shimon saw that the others were false, he assumed that Reuven is merely saying these so Shimon can have no complaints);

1. If he mentioned the defect and another defect which is not true, the sale stands.

(h) Support (Beraisa): Reuven sold a slave to Shimon, saying she is a lunatic, epileptic, crazy - if only one of them was true, this is a mistaken sale;

1. If he mentioned the defect and another defect which is not true, the sale stands.

(i) Question (Rav Acha brei d'Rava): if it had all the defects, what is the law?
(j) Answer (Rav Mordechai): Rava taught, the sale stands.

(a) (Mishnah): If Reuven rented a donkey to bring wheat on it and he brought barley (of the same weight) he is liable (for any damage, because (added) volume is difficult for the load.);

1. The same applies if he said he would bring grain and brought straw.

(b) If he said he would bring a Lesech (15 Sa'im) of wheat and he brought a Lesech of barley, he is exempt;

1. If he brought a larger volume, he is liable.
2. Question: How much must he add to be liable?
3. Answer (Sumchus): One Sa'ah on a camel, three Kavim (half a Sa'ah) on a donkey.

(c) (Gemara - Abaye): The Mishnah says that added volume is difficult like added load (weight);
(d) (Rava): It says that volume is difficult for the load.

1. According to Abaye, volume is as weight - he is liable for three extra Kavim, even if the weight is less;
2. According to Rava, volume is difficult for the load - he is liable for three extra Kavim if the weight is the same.

(e) Question (against Rava - Mishnah): If he said he would bring a Lesech of wheat and he brought a Lesech of barley, he is exempt; if he brought a larger volume, he is liable.

1. Suggestion: He is liable if he added three Kavim (even though it weighs less)!

(f) Answer: No - he is liable if he added a Sa'ah (e.g. an amount of barley which weighs as much as three Kavim of wheat onto a volume of barley that weighs as much as a Lesech of wheat).
(g) Question (end of the Mishnah): How much must he add to be liable? Sumchus says, one Sa'ah on a camel, three Kavim on a donkey.
(h) Answer: It means, if he brought wheat (or barley) as he said, he is liable for adding one Sa'ah on a camel, three Kavim on a donkey.
(i) Question (against Abaye - Beraisa): If he said he would bring a 15 Sa'im of wheat and he brought 16 Sa'im of barley, he is liable;

1. Inference: He is not liable for an extra half Sa'ah! (We do not ask against Rava - he could say that this amount of barley weighs as much as 15 and a half of wheat. Above (f), the Gemara said that a Sa'ah of barley weighs as much as three Kavim of wheat - Rava could argue.)

(j) Version #1 (Rashi) Answer (Abaye): The Beraisa speaks of 16 Sa'im which were leveled off (this equals 15 and a half Sa'im unleveled).
(k) Version #2 (Ga'onim) Answer (Abaye): The Beraisa speaks of 16 worm-eaten Sa'im (since they are much lighter then wheat, he is only liable for 16).
(l) (Beraisa): The quantities of overloading: a Kav onto the load on a person, a Lesech on a small ship, a Kor on a normal ship, 3 Korim on a large ship.
(m) Question: A person should know if he is overloaded, he should take off the extra!
(n) Answer #1 (Abaye): The case is, he fell before he had time to take it off.
(o) Answer #2 (Rava): The Beraisa teaches, one who overloads this amount must pay extra.
(p) Answer #3 (Rav Ashi): The carrier did not know he was overloaded, he attributed his pain to weakness.
(q) (Beraisa): A Kor on a normal ship.
(r) (Rav Papa): (The quantity is always one part in 30) - we learn that a normal ship carries 30 Korim.

1. This is pertinent to commerce.

(a) (Mishnah): All craftsmen are paid watchmen.
(b) Anyone who told the owner 'Take your item and pay', he is a free watchman.
(c) Reuven told Shimon 'Guard for me and I will guard for you' - they are paid watchmen.
(d) Reuven told Shimon 'Guard this for me', Shimon said 'Leave it in front of me' - he is a free watchman.
(e) Reuven lent Shimon, taking a pledge - he is a paid watchman on it;
(f) R. Yehudah distinguishes: he is a free watchman if he lent him money, he is a paid watchman if he lent him produce (for then he benefits - he is spared losses due to rotting).
(g) Aba Sha'ul says, a lender can rent out a poor person's pledge and deduct the money from the loan - this is like returning a lost object.
(h) (Gemara) Suggestion: Our Mishnah argues on R. Meir (a craftsman is as a renter, he benefits the owner and gets benefit (employment) from the object; the Mishnah considered him to be a paid watchman).

1. (Beraisa - R. Meir): A renter is liable like a free watchman;
2. R. Yehudah says, he is liable like a paid watchman.

(i) Rejection #1: The Mishnah is even according to R. Meir - a craftsman is a paid watchman because he is happy that the owner chose to hire him.

1. Objection: If so, a renter should also be a paid watchman, he is happy that the owner chose to rent to him!

(j) Rejection #2: The Mishnah is even according to R. Meir - a craftsman is a paid watchman because he is happy that the owner gave him a bit more than the usual wage.

1. Objection: If so, a renter should also be a paid watchman, when the owner rented to him for a bit less than usual!

(k) Rejection #3: The Mishnah is even according to R. Meir - a craftsman is a paid watchman because he benefits from having the object as security for his wages.
(l) Rejection #4: The Mishnah is only according to R. Meir, according to Rabah bar Avuha's text of the Beraisa.

1. (Rabah bar Avuha - Beraisa - R. Meir): A renter is liable like a paid watchman;
2. R. Yehudah says, he is liable like a free watchman.

(m) (Mishnah): Anyone who told the owner 'Take your item and pay', he is a free watchman.
(n) (Mishnah): If Reuven told Shimon 'Send your animal (for me to borrow)' and it died on the way, Reuven is liable;

1. Similarly, if Reuven sent it back and it died on the way, he is liable.

(o) (Rafram bar Papa): This is only if he returned it within the time he borrowed it for - after this, he is exempt.