Chapter 2: Sheilah Bebalim – The law applicable if one borrows the Owner with the object
| Chapter Overview: Borrowing with Owner Present This chapter discusses when a borrower is exempt from liability because the owner is working with them. It addresses borrowing between spouses, partners, and partnerships, noting specific cases and unresolved doubts over what constitutes “working with” the borrower. The Rambam also explores complexities around borrowing for minimal-value or prohibited work, changing arrangements from borrowing to renting, and the impact of marriage on liability.
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- Borrowing While the Owner is Working with the Borrower
If a person borrows an item while the owner is working with him, the borrower is exempt from liability even if the item is lost or stolen through negligence. This applies whether the owner is working as a favor or for payment, and regardless of whether the work is related to the borrowed item or not. Even a minimal act, such as giving the borrower a drink, counts as “working with him” if it occurs before the borrowing. If the borrowing takes place before the owner begins working, the exemption does not apply.
- Helping Load vs. Inspecting a Burden
If the owner helps the borrower load a burden onto the borrowed animal, it is considered borrowing while the owner is working with the borrower, and the borrower is exempt from liability. If the owner merely inspects the burden to ensure it is not overloaded, it is not considered as working with the borrower.
- Public Servants Lending to Those They Serve
When public servants such as teachers, city gardeners, bloodletters, or scribes lend or rent items to those they are currently serving, it is considered borrowing while the owner is working with the borrower, and the borrower is exempt even if negligent. However, if these public servants borrow from the townspeople, they are liable, since the townspeople are not working for them.
- Teacher’s Authority and Public Study Days
A teacher who teaches at his own discretion is considered to have the students at his command, not the other way around, so lending to them is not considered borrowing while the owner is working with the borrower. On public study days, when the teacher is obligated to teach the community, the situation is reversed, and lending to them is considered borrowing while the owner is working with the borrower.
- Agents vs. Canaanite Servants
If the owner sends an agent to work with the borrower, it is not considered as if the owner is working with him. If the owner sends his Canaanite servant, it is considered as if the owner himself is working, since the servant is legally an extension of the owner. If the servant goes without the owner’s consent, it is not considered as if the owner is working with the borrower.
- Borrowing from a Woman While Her Husband Works for the Borrower
If a person borrows from a woman while her husband is working for him, it is not considered borrowing while the owner is working with the borrower. This is because the husband has only rights of benefit from his wife’s property, not ownership.
- Borrowing Between Spouses or Partners
When a husband borrows from his wife, or partners borrow from each other, it is considered borrowing while the owner is working with the borrower. However, if one partner lends to the other on condition that the favor will be returned later, it is not considered borrowing while the owner is working with the borrower.
- Borrowing from a Partnership with One Partner Working
If a person borrows from a partnership and one partner works for him, or partners borrow from each other with one partner working for the other, there is an unresolved doubt whether this counts as borrowing while the owner is working with the borrower. In such cases, if the item dies, the borrower is exempt unless negligent. If the owner seizes payment, it is not taken back from him.
- Borrowing for Prohibited or Minimal-Value Work
There is an unresolved doubt whether borrowing for prohibited acts, for creating an impression, for work worth less than a p’rutah, or borrowing two animals for work worth one p’rutah, while the owner is working with the borrower, counts as borrowing while the owner is working with the borrower.
- Changing from Borrowing to Renting or Vice Versa
If a person borrows an animal while the owner is working with him and then rents it for additional time without the owner working, the rental is considered an extension of the borrowing, and the borrower remains exempt. However, in cases where the sequence changes between borrowing and renting with and without the owner working, there are unresolved doubts about liability.
- Borrowed Property and Marriage, and rented items
If a woman borrows an item and then marries, her husband is considered a purchaser, not a borrower or watchman, and is not liable even if negligent. The woman remains liable if she receives money, unless she informed her husband of the borrowing, in which case he assumes responsibility. The same principles apply to rentals and paid watchmen: if the owner is working with them, they are exempt; if not, they are liable. In cases of unresolved doubt, the same uncertainty applies to rentals as to borrowing.
| Key Takeaway: The central lesson of this chapter is that when a borrower takes an item while the owner is actively present and working with them—even if the owner’s work is unrelated or minimal—the borrower is generally exempt from liability if the item is lost or damaged, even due to negligence. This legal protection is broad, applying to a wide range of scenarios, including transactions between spouses, partners, and cases involving agents or public servants. However, the exemption only applies when the owner’s involvement is established before or during the borrowing, not afterward, and there are specific cases where uncertainty remains, such as with changing arrangements or minimal-value work. The chapter highlights the importance of the owner’s presence and involvement in determining the borrower’s responsibility.
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| Scenario | Owner Working With Borrower | Liability Exemption | Notes/Exceptions |
| Borrowing with owner present | Yes | Exempt, even if negligent | Owner’s work can be unrelated or minimal (e.g., giving a drink); must occur before borrowing |
| Owner starts working after borrowing | No | Not exempt | Exemption does not apply |
| Owner helps load burden | Yes | Exempt | Helping load = working with borrower |
| Owner inspects burden only | No | Not exempt | Inspection ≠ working with borrower |
| Public servants lend/rent to those they serve | Yes | Exempt, even if negligent | Teachers, gardeners, bloodletters, scribes |
| Public servants borrow from townspeople | No | Not exempt | Townspeople not working for them |
| Teacher lends to students (own discretion) | No | Not exempt | Students at teacher’s command |
| Teacher lends on public study days | Yes | Exempt | Teacher obligated to teach community |
| Owner sends agent | No | Not exempt | Agent ≠ owner |
| Owner sends Canaanite servant | Yes | Exempt | Servant is legal extension of owner |
| Servant goes without owner’s consent | No | Not exempt | Not considered owner’s work |
| Borrow from woman, husband works for borrower | No | Not exempt | Husband has rights of benefit, not ownership |
| Husband borrows from wife/partners borrow from each other | Yes | Exempt | |
| Partners lend on condition of returned favor | No | Not exempt | |
| Borrow from partnership, one partner works | Unresolved doubt | Exempt unless negligent | If owner seizes payment, not taken back |
| Borrow for prohibited/minimal-value work | Unresolved doubt | Unresolved | Includes work worth less than a p’rutah |
| Change from borrowing to renting (owner present to absent) | Partial | Rental is extension of borrowing, remains exempt | Sequence changes create unresolved doubts |
| Rental/paid watchman with owner working | Yes | Exempt | Same as borrower |
| Rental/paid watchman without owner working | No | Liable | Same as borrower |
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