There is an issue in the Avi Ezri of Rav Shach. the problem comes from the one that hires an animal to do work and then he lends it to a third party and then the animal dies. There is an argument in the Mishna to whom the borrower pays. Rav Shach [Beginning of Laws of Hiring] brings the Gemara: The Sages said the borrower pays the one that hired the animal. Rav Idi bar Abin said the owner ought to be able to say to the one that hired the animal "I do not need you or your oath. I will talk directly to the borrower." Abyee answered:"Who says the ownership begins at the oath? Maybe it begins when the animal dies?
Rav Shach brings the idea that the argument is whether a plea of "It was an accident" is a good plea.
Because of all my problems I have not been able to think about this very much, but from the first time I saw this until now I still can not see the point of Rav Shach. It seems to me the issue is in a case of hiring an animal, where is the assumption of ownership in case it really is an accident?
Because of all my problems I have not been able to think about this very much, but from the first time I saw this until now I still can not see the point of Rav Shach. It seems to me the issue is in a case of hiring an animal, where is the assumption of ownership in case it really is an accident?
