The Borrower Who Pays for All but the Death of Working Cattle

"And if a man borrows" (Exodus 22:13): Scripture detached the borrower from the category of paid bailee and made him a matter unto himself. "A man." I know only of a man; from where do I learn a woman? Scripture says "he shall surely pay," whether man or woman. If so, why is "a man" stated? To exclude a minor. "From his neighbor" excludes others; "from his neighbor" excludes the resident alien; "from his neighbor" teaches that he is not liable until he takes it out of the owner's domain. "And it is injured or dies." I know only of the injured and the dead; from where do I learn the lost and the stolen? Reason gives it, and he is liable, for it is so with the paid bailee: just as we find the paid bailee pays for loss and theft, so too this one shall pay for loss and theft. And further, an a fortiori argument: if the paid bailee, who does not pay for unavoidable accidents, pays for loss and theft, then this borrower, who does pay for unavoidable accidents, surely should pay for loss and theft. This is an a fortiori argument that cannot be refuted. From where do I learn the captured beast? It is derived: "injured or dead" is said here, and "injured or dead" is said earlier (Exodus 22:9). Just as the injured and dead mentioned earlier include the captured, so the injured and dead mentioned here include the captured; and just as there it excludes slaves, bonds, and land, so here it excludes slaves, bonds, and land. "Its owner not being with it, he shall surely pay; if its owner is with it, he shall not pay." Do we not already know that if the owner is not with it he pays, and if the owner is with it he does not pay? Rather, there are times when the owner is with it and he is liable, and times when the owner is not with it and he is exempt. How so? One who borrows the cow and borrows its owner along with it, one who rents the cow and rents its owner along with it, who borrows the cow and rents its owner, or rents the cow and borrows its owner, even if the owner is standing and plowing elsewhere, if it fell and died he is exempt, as it says "if its owner is with it he shall not pay." But if he borrowed the cow and only afterward borrowed the owner, or rented and afterward rented the owner, or borrowed and afterward rented the owner, or rented and afterward borrowed the owner, even if the owner is standing and plowing right over it, if it fell and died he is liable, as it says "its owner not being with it, he shall surely pay." I know this only of the borrower, that if he borrowed with the owner he is exempt. From where do I learn the unpaid guardian, the paid bailee, and the renter? You say an a fortiori argument: if the borrower, who pays for everything, is freed by borrowing-with-the-owner, then the unpaid guardian who is exempt from everything, and the paid bailee and renter who are exempt from accidents, surely are freed when the safekeeping is done together with the owner. "Its owner not being with it, he shall surely pay." From here they said: the borrower pays for everything except a beast that died in the course of its work, provided he did not deviate.