Translation:Shulchan Aruch/Choshen Mishpat/307

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Paragraph 1- If one rents an animal or vessels from another, the law is the same as if he was a paid watchmen with respect to being liable for the item being stolen or misplaced and to being exempt from unavoidable accidents.

Paragraph 2- The owner and renter can retract from the arrangement until the renter pulls or performs one of the other methods of kinyan. Similarly, he would not be liable for the item being stolen or misplaced until he performs one of the forms of kinyan. There are those who say that once the owner removes his watching from the item with the watchman’s knowledge, the watchman would become required to watch.

Paragraph 3- If Reuven rented a home from Shimon and placed wheat there, and because it was there for many days the walls were ruined and fell and damages Shimon and his neighbors, and the fact that the walls were ruined was clear and known, and they warned him to remove the wheat and he did not do so, he would be negligent and would be required to pay for all of the damage.

Paragraph 4- A renter of animals or movable items is not permitted to rent out to someone else. If he rented out to someone else, the law would be the same as a paid watchman who gave to another watchman, which is discussed in Siman 291.

Paragraph 5- If one rents a cow from another and loaned it to a third party and the animal died in the ordinary course or an unavoidable accident occurred, because the second party is liable, he must return the money to the original owner so that the renter does not do business with another’s cow. If the owner tells the renter that if he wants he can lend it out and he will deal directly with the borrower while the owner would deal with the renter, the borrower would pay the renter.

Paragraph 6- If one rented a cow from another and the cow received a wound because of the renter’s negligence, not related to work, there are those who say that he is exempt from paying given that the cow will eventually be healed from that wound, in which case payment would just be for lost work, and there is no concept of lost work when it comes to any animal. Thus, if the animal could not work for many days, the renter would be exempt because the animal will eventually heal. There are those who say he would be liable. The first view appears to be the primary one.

Paragraph 7- A person is not permitted to thresh with a cow in the evening and rent it out in the morning.