Bava Metzia 96B

שואל הוי, או שוכר הוי?

Is he like a borrower or is he like a renter?

אמר רבא, לפום חורפא שבשתא ⁠– מה נפשך, אי שואל הוי ⁠– שאלה בבעלים היא, אי שוכר הוי ⁠– שכירות בבעלים היא.

Rava said of Rami bar Ḥama: Commensurate to the sharpness of his mind is the extent of his error, as whichever way you look at it, he should be exempt: If he is like a borrower, this is a case of borrowing an item together with the services of the owner, as his wife is obligated to perform household services for him. Alternatively, if he is like a renter, this is a case of renting an item together with the services of the owner, for the same reason. Either way, he should be exempt.

אלא כי קמיבעיא ליה לרמי בר חמא: דאגר מינה פרה והדר נסבה, שואל הוי או שוכר הוי?

The Talmud reinterprets Rami bar Ḥama’s question: Rather, when Rami bar Ḥama raised the dilemma, it was with regard to a case in which one first rented a cow from a woman and subsequently married her. In that case, she was not working for him at the time he began renting the cow, and so the exemption of borrowing an item together with its owner does not apply. Rami bar Ḥama’s question was: What is the halakha once they get married? This is dependent on whether, from that point, he is like a borrower or he is like a renter.

שואל הוי ואתיא שאלה בבעלים מפקעא שכירות שלא בבעלים, או דלמא שוכר הוי ושכירות כדקיימא קיימא?

The Talmud elaborates: Since the husband initially rented the cow, if he is now like a borrower, then his status has changed, and so the new borrowing of the cow done together with borrowing the services of its owner comes and displaces the initial renting that was done without borrowing the services of the owner. Accordingly, the exemption will apply. Or perhaps even once he is married he is still like a renter, and since his status has not changed, the renting stands as it was, i.e., his current renting of the cow is considered a continuation of the initial renting that began before his wife was obligated to work for him. Consequently, the exemption would not apply.