Study Bava Metzia folio 96A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
רבא סבר לה כרבי יונתן ומתרץ לקראי כרבי יונתן, דתניא: ״אם בעליו עמו לא ישלם״. משמע דאיתיה בתרוייהו, ומשמע נמי דכי איתיה בחדא וליתיה בחדא – פטור.
By contrast, Rava holds in accordance with the opinion of R' Yonatan, and he explains the verses in accordance with the opinion of R' Yonatan, thereby arriving at the conclusion of the baraita, as it is taught in a baraita: “If its owner is with him, he does not pay” teaches about the case in which the owner was working for the borrower at both points in time, and it also teaches about the case in which he was working for him at one of those times but not at the other one; in both cases the borrower is exempt.
וכתיב: ״בעליו אין עמו שלם ישלם״ – משמע דליתיה בתרוייהו, משמע נמי דכי איתיה בחדא וליתיה בחדא – חייב.
The Talmud raises an objection: But it is also written: “If its owner is not with him, he should pay.” The verse teaches about the case in which the owner was not working for the borrower at either point in time, and it also teaches about the case in which he was working for him at one of those times but not at the other one; in both cases the borrower is liable.
לומר לך: היה עמו בשעת שאלה – אין צריך להיות עמו בשעת שבורה ומתה, היה עמו בשעת שבורה ומתה – צריך להיות עמו בשעת שאלה.
To reconcile the verses, one must say that the phrase “if its owner is with him” serves to tell you that if the owner was with the borrower, i.e., working for him, at the time of borrowing, then he does not need to be with him at the time when the animal is injured or dies for the exemption from liability to apply; but if he was with him at the time when the animal is injured or dies, he does need to have been with him at the time of borrowing for the exemption to apply.