Tuesday, July 28, 2009

Bava Metzia 94 – Conditions in Contracts (Finds)

An unpaid custodian may stipulate to be exempt from an oath, and a borrower may stipulate to be exempt from paying.

Whoever makes a stipulation contrary to what is written in the Torah, his stipulation is void. Any stipulation after the action is void. For example, “This item is yours on condition that you walk a mile” - the item is his, and he does not have to walk. Any stipulation that is impossible to fulfill is void. For example, “This is your Get on condition that you cross the sea on foot” - the condition is void, the Get is valid, and the woman is divorced.

If one borrows a cow but hires the owner along with it, he is not liable if the cow dies.

Art: Woman in While on a Beach by Peder Severin Kroyer

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