Oct 302016

A shomer who can be exempt from payment and decides to pay anyway, acquires rights to the double payment (or the 4 or 5 payment for an animal that the robber slaughtered and sold) in the event that the robber is caught down the road.  The gemara discusses how this mechanism works if it mean that the owner is giving him rights to something that is not yet in existence.  The gemara also discusses whether it is enough if he just says he will pay or if he actually needs to pay in order to exempt himself.  Various scenarios are brought to question whether or not in those scenarios the owner would give rights to the double payment to the shomer (for example is the shomer died and it was to his sons – maybe he only gave rights to the shomer himself).  All the questions raised are left unanswered.  A halacha is brought that one must swear before

Study Guide Bava Metzia 34

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