Soncino English Talmud
Bava Metzia
Daf 35b
Where, however, he [the debtor] himself gave it to him [the creditor] for his debt, R. Aha and Rabina differ thereon: one maintains, It is returnable: the other, It is not. He who rules that it is not returnable holds that it is a true sale, since he voluntarily gave it in payment. But he who rules that it is returnable holds that it is not a true sale, and as for his giving it to him voluntarily and not going to court, — he gave it to him [merely] through shame. And from what time can he [the creditor] enjoy the usufruct? Rabbah said: As soon as he receives the adrakta. Abaye said: The witnesses [to the adrakta], by their signatures, acquire the right for him. Raba said: When the days of public announcement are ended. MISHNAH. IF A MAN HIRES A COW FROM HIS NEIGHBOUR, LENDS IT TO ANOTHER, AND IT DIES A NATURAL DEATH, THE HIRER MUST SWEAR THAT IT DIED NATURALLY, AND THE BORROWER MUST PAY THE HIRER. SAID R. JOSE: HOW SHALL ONE DO BUSINESS WITH HIS NEIGHBOUR'S COW? HENCE THE [VALUE OF THE] COW MUST BE RETURNED TO ITS OWNER. GEMARA. R. Idi b. Abin said to Abaye: Let us see: how does the hirer acquire the cow? By his oath! Then let the owner say to the hirer, 'Take yourself off with your oath, whilst I bring an action against the borrower!' — Do you think, he replied to him, that the hirer acquires it through his oath! He acquires it from the time of its death, the oath being only to placate the owner. R. Zera said: It may sometimes happen [on the basis of this Mishnah] that the owner must render many cows to the hirer. How so? — If A hired it [an animal] from him [B] for one hundred days, and then B re-borrowed it from him for ninety days; then A rehired it from B for eighty days [out of the ninety], and B. re-borrowed it from A for seventy days, and it died within the period of borrowing. Now on account of each separate borrowing he becomes liable for one cow. R. Aha of Difti said to Rabina: Let us see, only one animal is involved, which was brought into [a certain state] and taken out [thence]: it was taken out of hiring and brought into borrowing, taken out of borrowing and brought into hiring! — Is the cow then still in existence, he replied, that we should say thus to him? Mar son of R. Ashi said: He has a claim only in respect of two cows, one in respect of borrowing and one in respect of hiring, [for] there is one designation of borrowing and one designation of hiring. That in respect of borrowing belongs entirely to him [the hirer], whilst as for that of hiring, he must work therewith for the period of hiring and return it to its owner. R. Jeremiah said: Sometimes both [the hirer and the borrower] are liable to a sin-offering,