If
one was borrowing a cow and the lender sent it to him with his son, his
slave, or his agent – or with the son, the slave, or the agent of the
borrower – and the cow died naturally in transit, the borrower is not
liable. Even the borrower's worker does not become an agent to assume
responsibility for the cow, but only to transport it safely.
If,
however, the borrower said to the lender, “Send me the cow with my son
(my slave, my agent)” or “with your son (your slave, your agent)” and
the cow died naturally in transit, the borrower is liable – not through
the law of agency, but through the law of a guarantor: in consideration
of the lender sending the cow on his say-so, the borrower assumes
responsibility for any mishap that befalls the animal on the way.