Bava Metzia 95 - Deriving Borrower's Law With an "A Fortiori" Argument (Finds)
The passage of the borrower imposes liability for a broken limb and natural death - unavoidable mishaps. It is silent, however, about theft and loss, which are avoidable mishaps.
We can derive it ourselves with a fortiori argument: if a paid custodian, who is exempted from liability when the animal suffers a broken limb or dies, is nonetheless liable in cases of theft and loss, is it not logical that a borrower, who is indeed liable in cases of the animal suffering a broken limb or dying, is also liable in cases of theft and loss? Surely this is so.
Art: Coastal Landscape with Figures and Animal by Thomas Sidney Cooper
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