Dec 142016
 

The mishna discusses a case where one rents a donkey and it gets seized by the king.  Rav and Shmuel disagree about the case and a tosefta is brought in to question Shmuel’s explanation.  Some answers are given.  The gemara then brings in sources that discuss situations where one rents and the item rented dies/sinks halfway through.  The conclusions are questioned and the gemara tries to establish what the exact situation is in order to explain the halacha.  In the context of this discussion, a debate between Rav and Shmuel is brought about whether one can sell the carcass of an animal he rented in a way that the principal will no longer exist (meaning he can sell it and use the difference to rent a new animal).  Rav’s opinion is questioned by a tosefta and resolved.  A case is brought with a boat that was rented to carry wine sinks and the gemara discusses the particulars of the case – did he rent “this boat” or “a boat” and was it to carry “this wine” or “any wine.”  TWo other cases are brought which explain what more rights of the renter – how much can he load on a donkey he rented to ride (and how much can the driver load) and if the donkey was rented to a man to ride on, can a woman ride instead or the reverse?

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