Monday, December 04, 2006

Daf Yomi - Beitza 38 - Highlights # 2

THE BORROWER AND THE LENDER

The Mishna had ruled that one who borrows a utensil from his friend prior to Yom Tov, the techum for the utensil is established by the borrower. This is the halacha even if the utensil was not given over until Yom Tov began. If the utensil is borrowed on Yom Tov, it can only be taken to the techum boundary of the lender. This is the law even in an instance where the borrower is accustomed to borrow from this lender. The lender assumes that since the borrower did not ask to borrow the utensil before Yom Tov, he will be retaining possession of the utensil on Yom Tov and therefore the techum boundary is established according to the lender. (38a)

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