Bava Metzia 81 - May 19, 11 Iyar

Daf Yomi for Women - Hadran

The Mishna rules that once a contracted worker says to the owner, "Pick up the item and then pay me," the worker transitions from being responsible for the item as a paid guardian (shomer sachar) to being responsible as an unpaid guardian (shomer chinam). This situation is compared to another Mishna which states that a borrower is responsible for oness (unforeseeable) damages until the item is returned. Rav Chisda qualifies this by stating that the borrower is only liable for unforeseeable damages if the item is returned within the borrowing period; if the period has ended and the borrower is no longer using the item, the borrower is no longer responsible for unforeseeable damages. The Gemara presents three different versions of how these sources are compared. Ameimar rules that while the borrower may no longer be responsible for unforeseeable damages after the borrowing period, they are still considered a shomer sachar and are thus responsible for loss or theft. A braita is brought to support this ruling. The concept of shmira b'baalim, where one is exempt from liability for an item belonging to their employer, is brought up to question the Mishna which ruled that if one says "Watch my item and I will watch yours," both parties are considered a shomer sachar. To resolve this, it is explained that the case in the Mishna involves each person watching the other's item on different days. Two cases are brought where guardians were held responsible despite seemingly being cases of shmira b'baalim. These cases are clarified to not be instances of shmira b'baalim. Additionally, there is a discussion about the interpretation when someone says, "put it down" in response to a request to watch an item: does it mean "put it down and I will watch it" or "put it down and take care of it yourself"? This is compared to a Mishna in Bava Kamma 47 to suggest that this issue is the subject of a tannaitic debate, but the comparison is ultimately rejected.