Masechet Bava Matzia 36b: The 1st Shomer passed on the object to a 2nd Shomer; Do we assume that after the פשיעה the natural death of the animal was a result of the Shomer's פשיעה?

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Date:
November 01 2016
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28min 51s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Metzia 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Bava Metzia

Description

We continue our study of today's Daf, Bava Matzia 36b. The 1st Shomer passed on the object to a 2nd Shomer. According to R' Yochanan this itself constitutes an act of negligence. Do we assume that after the פשיעה of Shomer #1 the subsequent 'natural' death of the animal was not so natural but was rather a result of the Shomer's פשיעה? Or would the 'angel of death' have taken the life of the animal even in the home of the 1st Shomer? This debate touches on the question re: our Mishna when the renter passed on the cow to the borrower (שאלה), the renter is not liable to pay for the death of the cow. Why not? He illegally passed on the ox to the 2nd person! The answer is we do not attribute the death of the cow to the foul air of the שואל.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Ron Zanger l'ilui nishmos יהושע בן אהרון ומרים בת חיים ז״ל לברכה and by Sara and Eric Pollak l'zecher nishmas Moshe ben Yehuda and Shifra bas Menachem Mendel