When does the 'owner-present' exemption (sha'alah b'ba'alim) apply?
The exemption requires that the owner perform work for the borrower — any work, even giving a drink of water — at the time the borrowing is arranged.
Question 2
If a borrower performs meshichah first and then asks the owner for a drink, does the owner-present exemption apply?
Sequence is decisive: the owner's service must precede meshichah. If meshichah comes first, the loan is already established without the exemption.
Question 3
A Canaanite slave goes out to work with the borrower's cow on behalf of the master. Does the owner-present exemption apply?
A Canaanite slave is 'yad ha-eved k'yad rabo' — his hand is like his master's hand. His presence legally equates to the owner's presence.
Question 4
If a borrower was negligent with an item borrowed under the owner-present exemption, is the borrower liable?
The owner-present exemption removes liability for theft and loss beyond one's control, but negligence (peshi'ah) always creates liability regardless.
Question 5
A woman borrows an item and later marries. What is her husband's legal status regarding the borrowed item?
The husband is legally a purchaser of the benefit. The wife, who created the obligation, remains liable when she has funds. If she informed her husband it was borrowed, he assumes her responsibility.