הַשּׁוֹאֵל אֶת הַפָּרָה וְשָׁאַל בְּעָלֶיהָ עִמָּהּ אוֹ שָׂכַר בְּעָלֶיהָ עִמָּה. שָׁאַל הַבְּעָלִים אוֹ שְׂכָרָן, וּלְאַחַר כָּךְ שָׁאַל אֶת הַפָּרָה, וָמֵתָה, פָּטוּר, שֶׁנֶּאֱמַר (שמות כב) אִם בְּעָלָיו עִמּוֹ לֹא יְשַׁלֵּם. אֲבָל שָׁאַל אֶת הַפָּרָה וְאַחַר כָּךְ שָׁאַל אֶת הַבְּעָלִים אוֹ שְׂכָרָן, וָמֵתָה, חַיָּב, שֶׁנֶּאֱמַר (שם) בְּעָלָיו אֵין עִמּוֹ שַׁלֵּם יְשַׁלֵּם:
In the case of one who borrowed a cow and borrowed the services of its owner with it, or he borrowed a cow and hired its owner with it, or he borrowed the services of the owner or hired him and afterward borrowed the cow; in all such cases, if the cow died, the borrower is exempt from liability. Although a borrower is generally liable to pay if a cow he borrowed dies, here he is exempt, as it is stated: “If its owner is with him, he does not pay” (Exodus 22:14). But if one first borrowed the cow and only afterward borrowed the services of the owner or hired him, and the cow died, he is liable to pay the owner for the cow. This is the halakha even if the owner was working for the borrower at the time, as it is stated: “If its owner is not with him, he shall pay” (Exodus 22:13).
הַשּׁוֹאֵל אֶת הַפָּרָה, שְׁאָלָהּ חֲצִי הַיּוֹם וּשְׂכָרָהּ חֲצִי הַיּוֹם, שְׁאָלָהּ הַיּוֹם וּשְׂכָרָהּ לְמָחָר, שָׂכַר אַחַת וְשָׁאַל אַחַת, וָמֵתָה, הַמַּשְׁאִיל אוֹמֵר שְׁאוּלָה מֵתָה, בַּיּוֹם שֶׁהָיְתָה שְׁאוּלָה מֵתָה, בַּשָּׁעָה שֶׁהָיְתָה שְׁאוּלָה מֵתָה, וְהַלָּה אוֹמֵר אֵינִי יוֹדֵעַ, חַיָּב. הַשּׂוֹכֵר אוֹמֵר שְׂכוּרָה מֵתָה, בַּיּוֹם שֶׁהָיְתָה שְׂכוּרָה מֵתָה, בַּשָּׁעָה שֶׁהָיְתָה שְׂכוּרָה מֵתָה, וְהַלָּה אוֹמֵר אֵינִי יוֹדֵעַ, פָּטוּר. זֶה אוֹמֵר שְׁאוּלָה וְזֶה אוֹמֵר שְׂכוּרָה, יִשָּׁבַע הַשּׂוֹכֵר שֶׁשְּׂכוּרָה מֵתָה. זֶה אוֹמֵר אֵינִי יוֹדֵעַ וְזֶה אוֹמֵר אֵינִי יוֹדֵעַ, יַחֲלֹקוּ:
There is one who borrowed a cow. He borrowed it for half of the day and rented it for the other half of the day; or he borrowed it for today and rented it for tomorrow; or he rented one cow and borrowed another one from the same person. And in one of the first two cases, the cow died and it is not clear during which period the cow died. Or in the last case, one of the cows died and it is not clear whether it had been the borrowed cow or the rented cow. If the lender then says: The borrowed cow is the one that died; or: It died on the day that it was being borrowed; or: It died during the period in which it was being borrowed, so that, according to his claim, the borrower is liable to pay for the cow, and the other one, the borrower, says: I do not know what happened, the borrower is liable to pay. If the renter says: The rented cow is the one that died; or: It died on the day that it was being rented; or: It died during the period in which it was being rented, and the other one, the owner of the cow, says: I do not know what happened, the renter is exempt. If this owner says with certitude: The borrowed cow is the one that died, and that renter says with certitude: The rented cow is the one that died, then the renter takes an oath that the rented cow is the one that died, and he is then exempt from liability. If this one says: I do not know what happened, and that one says: I do not know what happened, then they divide the disputed amount. The bailee is liable to pay for only half the value of the cow.
הַשּׁוֹאֵל אֶת הַפָּרָה, וְשִׁלְּחָהּ לוֹ בְּיַד בְּנוֹ, בְּיַד עַבְדּוֹ, בְּיַד שְׁלוּחוֹ, אוֹ בְיַד בְּנוֹ, בְּיַד עַבְדּוֹ, בְּיַד שְׁלוּחוֹ שֶׁל שׁוֹאֵל, וָמֵתָה, פָּטוּר. אָמַר לוֹ הַשּׁוֹאֵל, שַׁלְּחָהּ לִי בְּיַד בְּנִי, בְּיַד עַבְדִּי, בְּיַד שְׁלוּחִי, אוֹ בְּיַד בִּנְךָ, בְּיַד עַבְדְּךָ, בְּיַד שְׁלוּחֲךָ, אוֹ שֶׁאָמַר לוֹ הַמַּשְׁאִיל, הֲרֵינִי מְשַׁלְּחָהּ לְךָ בְּיַד בְּנִי, בְּיַד עַבְדִּי, בְּיַד שְׁלוּחִי, אוֹ בְּיַד בִּנְךָ, בְּיַד עַבְדְּךָ, בְּיַד שְׁלוּחֲךָ, וְאָמַר לוֹ הַשּׁוֹאֵל, שַׁלַּח, וְשִׁלְּחָהּ וָמֵתָה, חַיָּב. וְכֵן בְּשָׁעָה שֶׁמַּחֲזִירָהּ:
In the case of one who borrowed a cow, and the lender sent it to the borrower by the hand of his son, or by the hand of his slave, or by the hand of his agent, or by the hand of the borrower’s son, or by the hand of his slave, or by the hand of the agent of the borrower; and it died on the way, the borrower is exempt, because the period of borrowing begins only once the cow reaches his domain. The borrower said to the lender: Send it to me by the hand of my son, or by the hand of my slave, or by the hand of my agent, or by the hand of your son, or by the hand of your slave, or by the hand of your agent. Or, in a case where the lender said explicitly to the borrower: I am sending it to you by the hand of my son, or by the hand of my slave, or by the hand of my agent, or by the hand of your son, or by the hand of your slave, or by the hand of your agent; and the borrower said to him: Send it as you have said, and he then sent it, and it died on the way, then the borrower is liable to pay the lender the value of his cow. Since the borrower agreed to the cow’s being brought to him by the hand of another, he bears liability from the moment the cow was transferred into that person’s possession.
הַמַּחֲלִיף פָּרָה בַּחֲמוֹר וְיָלְדָה, וְכֵן הַמּוֹכֵר שִׁפְחָתוֹ וְיָלְדָה, זֶה אוֹמֵר עַד שֶׁלֹּא מָכָרְתִּי, וְזֶה אוֹמֵר מִשֶּׁלָּקָחְתִּי, יַחֲלֹקוּ. הָיוּ לוֹ שְׁנֵי עֲבָדִים, אֶחָד גָּדוֹל וְאֶחָד קָטָן, וְכֵן שְׁתֵּי שָׂדוֹת, אַחַת גְּדוֹלָה וְאַחַת קְטַנָּה, הַלּוֹקֵחַ אוֹמֵר גָּדוֹל לָקַחְתִּי, וְהַלָּה אוֹמֵר אֵינִי יוֹדֵעַ, זָכָה בַגָּדוֹל. הַמּוֹכֵר אוֹמֵר קָטָן מָכָרְתִּי, וְהַלָּה אוֹמֵר אֵינִי יוֹדֵעַ, אֵין לוֹ אֶלָּא קָטָן. זֶה אוֹמֵר גָּדוֹל וְזֶה אוֹמֵר קָטָן, יִשָּׁבַע הַמּוֹכֵר שֶׁהַקָּטָן מָכָר. זֶה אוֹמֵר אֵינִי יוֹדֵעַ וְזֶה אוֹמֵר אֵינִי יוֹדֵעַ, יַחֲלֹקוּ:
With regard to one who exchanges a cow for a donkey, such that by virtue of the cow owner’s act of acquisition on the donkey, the donkey’s erstwhile owner simultaneously acquires the cow, wherever it happens to be located, and afterward the cow is found to have calved; and similarly, with regard to one who sells his Canaanite maidservant, with the acquisition effected by the buyer giving him money, and afterward she is found to have given birth to a child, who will be a slave belonging to his mother’s master, at times it is uncertain whether the offspring was born before or after the transaction. If this seller says: The birth occurred before I sold the cow or maidservant, and so the offspring belongs to me, and that buyer says: The birth occurred after I purchased the cow or maidservant, and so the offspring belongs to me, they divide the value of the offspring between them. The mishna continues: There is a case of one who had two Canaanite slaves, one large, worth more on the slave market, and one small, worth less on the slave market, and similarly, one who had two fields, one large and one small. He sold one of them, and there was a dispute between the buyer and the seller concerning which one was sold. If the buyer says: I purchased the large one, and the other one, i.e., the seller, says: I do not know which I sold; the buyer is entitled to take the large one. If the seller says: I sold the small one, and the other one, i.e., the buyer, says: I do not know which one I purchased; the buyer is entitled to take only the small one. If this one says: The large one was sold, and that one says: The small one was sold, then the seller takes an oath that it was the small one that he sold, and then the buyer takes the small one. If this one says: I do not know which one was sold, and that one says: I do not know which one was sold, they divide the disputed amount between them.
הַמּוֹכֵר זֵיתָיו לְעֵצִים, וְעָשׂוּ פָּחוֹת מֵרְבִיעִית לִסְאָה, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַזֵּיתִים. עָשׂוּ רְבִיעִית לִסְאָה, זֶה אוֹמֵר זֵיתַי גִּדְּלוּ, וְזֶה אוֹמֵר אַרְצִי גִדְּלָה, יַחֲלֹקוּ. שָׁטַף נָהָר זֵיתָיו וּנְתָנָם לְתוֹךְ שְׂדֵה חֲבֵרוֹ, זֶה אוֹמֵר זֵיתַי גִּדְּלוּ, וְזֶה אוֹמֵר אַרְצִי גִדְּלָה, יַחֲלֹקוּ:
In the case of one who sells his olive trees to another so he can chop them down and use them for their wood, and before he chopped them down they yielded olives, if the olives are of a quality that could provide the value of less than a quarter-log of oil per se’a of olives, these olives are the property of the new owner of the olive trees, i.e., the buyer. If they yielded olives that could provide the value of a quarter-log or more of oil per se’a of olives, and this one, the buyer, says: My olive trees yielded the olives and so I have a right to them, and that one, the seller, says: The nourishment from my land yielded the olives and so I have a right to them, then they divide the olives between them. In the event that a river swept away one’s olive trees and deposited them in the field of another, and they took root there and yielded olives, this one, i.e., the owner of the trees, says: My olive trees yielded the olives and so I have a right to them, and that one, i.e., the owner of the field, says: The nourishment from my land yielded the olives and so I have a right to them, then they divide the olives between them.
הַמַּשְׂכִּיר בַּיִת לַחֲבֵרוֹ, בִּימוֹת הַגְּשָׁמִים, אֵינוֹ יָכוֹל לְהוֹצִיאוֹ מִן הֶחָג וְעַד הַפֶּסַח, בִּימוֹת הַחַמָּה, שְׁלשִׁים יוֹם. וּבַכְּרַכִּים, אֶחָד יְמוֹת הַחַמָּה וְאֶחָד יְמוֹת הַגְּשָׁמִים, שְׁנֵים עָשָׂר חֹדֶשׁ. וּבַחֲנוּיוֹת, אֶחָד עֲיָרוֹת וְאֶחָד כְּרַכִּים, שְׁנֵים עָשָׂר חֹדֶשׁ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, חֲנוּת שֶׁל נַחְתּוֹמִים וְשֶׁל צַבָּעִים, שָׁלשׁ שָׁנִים:
In the case of one who rents out a house in a town to another in the rainy season, the owner cannot evict the renter from the house from the festival of Sukkot until Passover. If the rental was in the summer, he must give thirty days’ notice before he can evict him. And for a house located in the cities [uvakerakim], both in the summer and in the rainy season he must give twelve months’ notice. And for shops that he rented out, both in towns and in cities, he must give twelve months’ notice. Rabban Shimon ben Gamliel says: For a baker’s shop or a dyer’s shop, one must give three years’ notice.
הַמַּשְׂכִּיר בַּיִת לַחֲבֵרוֹ, הַמַּשְׂכִּיר חַיָּב בַּדֶּלֶת, בַּנֶּגֶר, וּבְמַנְעוּל, וּבְכָל דָּבָר שֶׁמַּעֲשֵׂה אֻמָּן. אֲבָל דָּבָר שֶׁאֵינוֹ מַעֲשֵׂה אֻמָּן, הַשּׂוֹכֵר עוֹשֵׂהוּ. הַזֶּבֶל, שֶׁל בַּעַל הַבַּיִת, וְאֵין לַשּׂוֹכֵר אֶלָּא הַיּוֹצֵא מִן הַתַּנּוּר וּמִן הַכִּירַיִם בִּלְבָד:
If one rents out a house to another, the landlord bears the responsibility for providing the door, for providing the bolt, for providing the lock, and for providing every item in the house that is essential for normal living and requires the work of a craftsman to provide it. But with regard to an item that does not require the work of a craftsman, the renter is responsible to make it. The manure found in the courtyard of a rented house is the property of the landlord, and the renter has rights only to the ashes that come out of the oven and the stove, which can also be used as a fertilizer.
הַמַּשְׂכִּיר בַּיִת לַחֲבֵרוֹ לְשָׁנָה, נִתְעַבְּרָה הַשָּׁנָה, נִתְעַבְּרָה לַשּׂוֹכֵר. הִשְׂכִּיר לוֹ לֶחֳדָשִׁים, נִתְעַבְּרָה הַשָּׁנָה, נִתְעַבְּרָה לַמַּשְׂכִּיר. מַעֲשֶׂה בְצִפּוֹרִי בְּאֶחָד שֶׁשָּׂכַר מֶרְחָץ מֵחֲבֵרוֹ בִּשְׁנֵים עָשָׂר זָהָב לְשָׁנָה, מִדִּינַר זָהָב לְחֹדֶשׁ, וּבָא מַעֲשֶׂה לִפְנֵי רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל וְלִפְנֵי רַבִּי יוֹסֵי, וְאָמְרוּ, יַחֲלֹקוּ אֶת חֹדֶשׁ הָעִבּוּר:
In the case of one who rents out a house to another for a year and then the year was intercalated, adding an additional month to that year, the fact that it was intercalated is to the benefit of the renter. Since the rental was defined in terms of a year, the additional month is automatically included, and the renter need not pay additional rent for it. If a landlord rented out a house to another for a year, with the price set as a certain sum for each of the months, and then the year was intercalated, the fact that it was intercalated is to the benefit of the landlord. An incident occurred in Tzippori involving one who rented a bathhouse from another where they stated that the rent would be: Twelve gold dinars per year, a gold dinar per month, and then the year was intercalated. And this incident came to court before Rabban Shimon ben Gamliel and before Rabbi Yosei, and they said: The two expressions have contradictory implications, and it is uncertain which expression should be followed. Therefore, the landlord and the renter should divide the intercalary month between them, i.e., the renter should pay half a gold dinar for it.
הַמַּשְׂכִּיר בַּיִת לַחֲבֵרוֹ וְנָפַל, חַיָּב לְהַעֲמִיד לוֹ בָּיִת. הָיָה קָטָן, לֹא יַעֲשֶׂנּוּ גָדוֹל, גָּדוֹל, לֹא יַעֲשֶׂנּוּ קָטָן. אֶחָד, לֹא יַעֲשֶׂנּוּ שְׁנַיִם, שְׁנַיִם, לֹא יַעֲשֶׂנּוּ אֶחָד. לֹא יִפְחֹת מֵהַחַלּוֹנוֹת וְלֹא יוֹסִיף עֲלֵיהֶן, אֶלָּא מִדַּעַת שְׁנֵיהֶם:
In the case of one who rented out a house to another, and then the house fell, the landlord is obligated to provide the renter with another house. If the original house was small, the landlord may not construct a large house as a replacement, and if the original was large, he may not construct a small house as a replacement. If the original had one room, he may not construct the replacement with two rooms, and if the original had two rooms, he may not construct the replacement with one. He may not reduce the number of windows, nor add to them, except with the agreement of both of them.