[Avodah] Sho'el vs Loveh

Micha Berger micha at aishdas.org
Wed Jul 25 12:42:26 PDT 2018


What's the line between a borrower who is a sho'el, and one who is a
loveh?

Because AhS yomi today hit upon a nafqa mina -- CM 125:12.

Yeish mi she'omer that if the loan date arrives and the amlveh isn't in
town, the loveh can avoid culpability for loss due to oneis by returning
the loan by picking a third party and returning it via shelichus --
zakhin le'adam shelo befanav. (Making sure to use a language that makes
him the malveh's sheliach leqabalah.) Like a sho'el (as in siman 340).

And they argue with this "mi she'omer" because it is more fundamentally
not like a sho'el. A sho'el, as soon as he returns it, it is in the
posession of the mash'il. But a loveh has to return it to the malveh
himself.

Details of the nafqa mina aside, it hit me that I would translate both
sho'el and loveh as "borrower" and have no idea how a given act of
borrowing would make someone one and not the other.

Tir'u baTov!
-Micha

-- 
Micha Berger             Problems are not stop signs,
micha at aishdas.org        they are guidelines.
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