Bava Metzia 35 - April 3, 24 Adar 2
Rav Huna holds that the one who claims the item was lost or stolen, must swear that the item is no longer in their possession. The Gemara raises a contradiction from a braita and suggests four, one of which is rejected. A case is brought where one claimed jewels were lost and Rav Nachman's court seized his palace to replace the lost jewel. When he then produced the "lost" item which had gone up in value, Rav Nachman said to give him his palace back and return the jewels to the owner. Rava tried to argue with this ruling based on our Mishna saying that he should have acquired rights to the appreciation by having paid for the jewels. But then he realizes the difference between the cases and explains that. In connection with this, the Gemara raises the issue regarding a loan - if it gets repaid by foreclosing on land, if and when the borrower has the money to pay, can the borrower get his/her land back? In Nehardea they ruled that one can get back the land and there is a debate about whether or not there is a time limit. The ruling is that there is no time limit because of l'fnim meshurat ha'din, it is the right thing to do, even if not required by the letter of the law. However, there are different permutations of the case in which the law would not apply. At what point of foreclosure does the creditor get rights to the proceeds of the land? If one rents an animal and then lends it to someone else and it dies in a typical manner (for which a borrower is responsible and a renter is not), there is a debate about to whom the borrower pays - to the renter (after the renter swears that it died in a typical manner) or to the original owner. The Gemara questions exactly by what mechanism the renter acquires rights to the animal. A creative, extreme case is discussed in which an owner can borrow from a renter their item and incur payment for four animals. Some disagree and hold it would only be two animals. What is the case?