Bava Metzia 36 - Custodian Finds another Custodian in his Stead (Finds)

Suppose a custodian transferred a deposit to another custodian without obtaining permission from the owner. In that case, Rav says it is NOT an act of negligence, and the first custodian doesn't acquire any additional liability for losses since he still guarantees the deposit.

Rabbi Yochanan says that it IS an act of negligence and that the first custodian is now liable even for unavoidable accidents, for which he was not liable before because the owner can say to the first custodian, "You are credible to me with an oath, and that second custodian is not."

The final law agrees with Rabbi Yochanan.

Art: A Joint Investment by John George Brown

Bava Metzia 35 - A Deposit that was Stolen (Finds)

If one deposits an animal or utensils with another for safekeeping and they were stolen or lost, the custodian can take an oath that he was not negligent and free himself from payment. If he did not desire to swear and paid, and then the thief is found, the thief pays the double amount to the custodian.

If one rented a cow and then lent it to another, and it subsequently died a natural death, then the renter is not liable for that, but the borrower is liable to pay the renter. Rabbi Yossi says that the renter needs to return the value of the cow to the owner.

Art: Cottage with a Still-Life of Kitchen Utensils by Egbert van der Poel

Bava Metzia 34 - The Four custodians (Finds)

The four types of custodians are an unpaid custodian, a paid custodian, a renter, and a borrower.

• The unpaid custodian must safeguard the object but not use it and is liable for any loss caused by his negligence;
• The paid custodian also may not use the object, but because he is being paid, he is liable even for theft or loss not due to his negligence;
• The renter pays for the right to use another's property, and his liability is identical to that of the paid custodian;
• Borrower bears the highest degree of responsibility – he is liable even for mishaps beyond his control, with the exception of work-related damages.

Art: Protecting The School Children by Andre-Henri-Dargelas

Bava Metzia 33 - Suffering of Sentient Beings (Finds)

One should protect living beings from suffering, as evidenced by the angel rebuking Balaam for striking his she-ass.

But consider this ruling: if one has a choice whether to unload his friend's animal, which is suffering under a load or to load his enemy's – he should load his enemy's in order to subdue his own evil inclination. What about the animal suffering? - Subduing one's evil inclination is more important.

Retrieving his lost article takes precedence over the lost article of his father or his teacher. A lost article of his teacher takes precedence over that of his father unless his father is also a Sage.

Art: Balaam by Rembrandt

Bava Metzia 32 - Unloading and Loading (Finds)

If one saw another person's animal lying under its burden, and he unloaded it, allowing it to get up, and then reloaded the load upon it, and then shortly after that, the animal lay down again, he is still obligated to unload or reload as necessary, for it is stated: "...help, you shall help..."

If the owner impudently walked away and sat down, saying to the bystander, - "Since the commandment to unload my animal is incumbent upon you, if you wish to unload, then unload, but I shall not help you," - the bystander is exempt, for it is stated "...you shall help with him..."

Art: Bearing a Burden by Mortimer Ludington Menpes

Bava Metzia 31 - What is Considered a Lost Object (Finds)

How is a finder to determine whether the objects he has found are truly lost? If he found a donkey or a cow grazing by the road, this is not considered a lost object. This is a lost object if he found a donkey with its gear overturned or a cow running through the vineyards.

If one returned an animal and it ran away, and this happened four or five times, he is still obligated to return it yet again because it is stated, "...return, you shall return them..." For missed work, he gets compensation only as a laborer. But if he stipulates his wage in court, he can get it.

Art: Sand Asses by Henry Weekes

Bava Metzia 30 - When One is not Required to Return a Lost Object (Finds)

In the verse "You shall not see the ox of your brother or his sheep wandering and hide from them, rather, you shall return them to your brother," the words "...and hide from them..." can be understood to mean that sometimes you do hide from them. For example, an elderly person is not required to pick up an object beneath his dignity.

Concerning the areas in which Moses should instruct the Jews, the words "...that they shall do..." refer to maintaining a standard of conduct that goes beyond the letter of the law. Said Rabbi Yochanan: "Jerusalem was destroyed only because Jews didn't go beyond the letter of the law."

Art: Old man walking in a rye field by Lauritz Andersen Ring