Bava Metzia 97b — the Talmud in English

a.

The lender says:

a cow

borrowed

died in the third case,

on the day that it was borrowed it died

in the second case,

at the time that it was borrowed it died

in the first case. And the borrower must pay me its value.

And the other

[the borrower] says:

I do not know

what happened, and perhaps the rented cow died in the third case, or it died during the rental in the first cases, and I am exempt.

The law is that the borrower

must

pay. Because the lender makes a certain claim, while the borrower makes an uncertain claim, and in a certain claim and an uncertain claim—the certain claim prevails.

b.

The renter

says: The rented cow died

in the third case,

on the day that it was rented it died

in the second case,

at the time that it was rented it died

in the first case; therefore, I am exempt from accidents.

And the other

[the lessor]

says: I do not know

what happened, and perhaps the borrowed cow died in the third case, or it died during the borrowing in the first cases, and the borrower must pay me.

The law is that the renter

is exempt,

because in a certain claim and an uncertain claim—the certain claim prevails.

c.

This one

[the lender]

says: Borrowed

it died in the third case, or it died during the borrowing in the first cases, and the borrower is liable.

And this one

[the borrower]

says: Rented

it died, and I am exempt.

The law is that he is exempt from paying, because the one who seeks to extract from his fellow bears the burden of proof. But

the renter must swear that the rented cow died.

And the Gemara explains that it is not the claim “the rented cow died” that obligates him to take an oath; rather, since the renter is obligated to swear that the cow died through an accident, according to the law of the oath of guardians, the owner of the cow can impose upon him an additional oath by means of rolling over the oath, and obligate him to swear that the rented cow died. For this is the law of the Torah: one who has become obligated to take an oath, his litigant

can obligate him to swear also concerning other claims that he makes against him, even though those claims do not independently obligate an oath.

d.

This one says: I do not know,

and perhaps the borrower is liable.

And this one says: I do not know,

and perhaps I am exempt.

The law is that

they divide

and he pays him half the value of the cow, for our Mishna follows Sumakhos, who says: Money that is subject to doubt—they divide. And Sumakhos said his words specifically concerning an uncertain claim and an uncertain claim, and not concerning a certain claim and a certain claim.

Gemara:

We learned in the Mishna: The lender says, “The borrowed cow died,” and the other says, “I do not know”—he is liable.

Have you learned from this:

One who says to his fellow:

I have one hundred dinars in your possession

that you borrowed from me,

and the other

[the defendant]

says: I do not know

whether I borrowed from you—

the defendant is liable,

because in a certain claim and an uncertain claim—the certain claim prevails.

And we raise an objection:

Let us say that this is a teyuvta against Rav Naḥman.

[Will this constitute a contradiction to the opinion of Rav Naḥman]. who exempts the defendant in this case !

And the Gemara cites a dispute concerning this matter:

For it was stated: “I have a maneh in your possession, and the other says, “I do not

know,”

Rav Huna and Rav Yehuda say: He is liable,

because the claimant makes a certain claim, and this is effective even to extract property from one in possession who makes an uncertain claim .

And Rav Naḥman and Rabbi Yoḥanan say: He is exempt ,

for the force of a certain claim is not sufficient to extract property from the one in possession, even though he makes an uncertain claim .

And we answer:

As Rav Naḥman said

to answer another difficulty that they raised against him , and he answered:

For example, there is an oath matter between them; here too

[here as well] the Mishna should be explained and established

as a case where there is an oath matter between them.

The Gemara asks:

What is an oath matter?

[What is the situation that is called “an oath matter”]?