For the source text click/tap here: Bava Metiza 95
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One of the most intriguing payment exemptions is the rule of “ba'alav imo.” If the owner of a deposited item HIMSELF services the shomer (watchman) of the item, the latter is excused from all payments in cases of loss. This de-oraita petur is a sweeping exemption that applies to all shomrim, and potentially even to cases of gross negligence (see the two opinions in our daf)
The gemara dictates certain parameters to this rule, but never articulates the logic of it. In fact, its basis is so elusive that Tosafot (Bava Metzia 97a) claim that it is a non-logical gezeirat ha-katuv (which therefore cannot be independently applied to broader contexts).
We explore the ramifications of Ex 22:13 as part of civil laws from Sinai and the halachot of bringing suit in a secular courts of law.