Bava Metzia 35:b
I am grateful to God that I found a way to explain Rav Shach and also that I can write it on the internet with the computer of a friend.[I still can not write music but still I am happy that God has grated to me to writes a new idea in Torah.]
This is in reference to what I asked yesterday about Rav Shach in laws of hire I: 6
Because I never know how much time I have I will write the idea that I had today in short.
The Rambam in that case of the one that hires the animal and then lends it goes like R. Yose that the borrower pays the owner. So that goes well with the general rule of Reish Lakish possession of the fruit is not like possession of the object itself. And that goes well with what Rav Shach writes in laws of hire VI:5
So then as I asked yesterday does Rav Shach not say that that in itself is the debate with the sages and R Yose? Because of a few good reasons. The most obvious one is this. When Rav Aidi bar Abin asks on the sages and Abyee answers him they do not say the reason for the sages is because the possession of the fruit is like possession of the object. Neither do they say that the fact that one that hired the animal gets possession by the fact of hiring. Instead Rav Aidi asks when does possession start? From the oath. He then asks why does the owner not say he does not need the oath of the one that hires and instead wants to talk with the one that borrowed. And Abyee answers him Do not think possession starts from the oath. Rather it starts from the time the animal dies. But both are talking only according to the sages and they are both agreeing that possession did not start from the time of hiring.
Also we do not want a debate among sages of the mishna to depend on a debate among sages of the Talmud.
So now Rav Shach is crystal clear. He knows the reason for the Rambam is that the possession of the fruit is not like possession of the object. But then he is wondering then what is the reason for the sages that hold the borrower pays the one that hired? And then he comes with this idea the argument between Abyee and Rav Idi depends on whether a plea of accident is a strong plea.
I am grateful to God that I found a way to explain Rav Shach and also that I can write it on the internet with the computer of a friend.[I still can not write music but still I am happy that God has grated to me to writes a new idea in Torah.]
This is in reference to what I asked yesterday about Rav Shach in laws of hire I: 6
Because I never know how much time I have I will write the idea that I had today in short.
The Rambam in that case of the one that hires the animal and then lends it goes like R. Yose that the borrower pays the owner. So that goes well with the general rule of Reish Lakish possession of the fruit is not like possession of the object itself. And that goes well with what Rav Shach writes in laws of hire VI:5
So then as I asked yesterday does Rav Shach not say that that in itself is the debate with the sages and R Yose? Because of a few good reasons. The most obvious one is this. When Rav Aidi bar Abin asks on the sages and Abyee answers him they do not say the reason for the sages is because the possession of the fruit is like possession of the object. Neither do they say that the fact that one that hired the animal gets possession by the fact of hiring. Instead Rav Aidi asks when does possession start? From the oath. He then asks why does the owner not say he does not need the oath of the one that hires and instead wants to talk with the one that borrowed. And Abyee answers him Do not think possession starts from the oath. Rather it starts from the time the animal dies. But both are talking only according to the sages and they are both agreeing that possession did not start from the time of hiring.
Also we do not want a debate among sages of the mishna to depend on a debate among sages of the Talmud.
So now Rav Shach is crystal clear. He knows the reason for the Rambam is that the possession of the fruit is not like possession of the object. But then he is wondering then what is the reason for the sages that hold the borrower pays the one that hired? And then he comes with this idea the argument between Abyee and Rav Idi depends on whether a plea of accident is a strong plea.
