Commentary for Bava Metzia 186:21

איבעיא להו לסטים מזויין ורועה מזויין מהו מי אמרינן אוקי גברא להדי גברא או דלמא האי מסר נפשיה והאי לא מסר נפשיה מסתברא דהאי מסר נפשיה והאי לא מסר נפשיה אמר ליה אביי לרבא אשכחיה רועה ואמר ליה גנבא סריא בדוכתא פלניא יתיבינן

Shall we say that he disagrees with R. Huna b. Abin. For R. Huna b. Abin sent word:<span class="x" onmousemove="('comment',' From Palestine to Babylon. ');">¹⁸</span> If it [the bailment] was stolen through an accident, and then the thief's identity became known, if he was a gratuitous bailee, he can either swear [that he had not been negligent] or settle with him;<span class="x" onmousemove="('comment',' I.e., pay him. But he is given the option of freeing himself by an oath, and in this he disagrees with R. Nahman. ');">¹⁹</span> if a paid trustee, he must settle with him, and cannot swear! — Said Raba: There,<span class="x" onmousemove="('comment',' in the case of Ronia. ');">²⁰</span> officers were about, and had he [Ronia] cried out, they would have come and protected him.<span class="x" onmousemove="('comment',' Therefore the theft was due to negligence, and his liability was due to that, and not to the fact that the thief's identity was eventually discovered. ');">²¹</span> <b><i>MISHNAH</i></b>. [IF] ONE WOLF [ATTACKS], IT IS NOT AN UNAVOIDABLE ACCIDENT;<span class="x" onmousemove="('comment',' The shepherd could have warded him off, and therefore, being a paid bailee, he is responsible. ');">²²</span> IF TWO [ATTACK], IT IS AN UNAVOIDABLE ACCIDENT. R. JUDAH SAID: WHEN THERE IS A GENERAL VISITATION OF WOLVES, EVEN [THE ATTACK OF] ONE IS AN UNAVOIDABLE ACCIDENT.<span class="x" onmousemove="('comment',' For then they are particularly fierce. ');">²³</span> [THE ATTACK OF] TWO DOGS IS NOT AN UNAVOIDABLE ACCIDENT. JADDUA THE BABYLONIAN SAID ON R. MEIR'S AUTHORITY: IF THEY ATTACK FROM THE SAME SIDE, IT IS NOT AN UNAVOIDABLE ACCIDENT; FROM TWO DIFFERENT DIRECTIONS, IT IS. A ROBBER'S [ATTACK] IS AN UNAVOIDABLE ACCIDENT. [DAMAGE DONE BY] A LION, BEAR, LEOPARD, PANTHER AND SNAKE RANKS AS AN UNAVOIDABLE ACCIDENT. WHEN IS THIS? IF THEY CAME [AND ATTACKED] OF THEIR OWN ACCORD: BUT IF HE [THE SHEPHERD] LED THEM TO A PLACE INFESTED BY WILD BEASTS AND ROBBERS, IT IS NO UNAVOIDABLE ACCIDENT. IF IT DIED A NATURAL DEATH, IT IS AN UNAVOIDABLE ACCIDENT: [BUT] IF HE MALTREATED IT<span class="x" onmousemove="('comment',' E.g., by starvation or exposure. ');">²⁴</span> AND IT DIED, IT IS NO UNAVOIDABLE ACCIDENT. IF IT ASCENDED TO THE TOP OF STEEP ROCKS AND THEN FELL DOWN, IT IS AN UNAVOIDABLE ACCIDENT; BUT IF HE TOOK IT UP TO THE TOP OF STEEP ROCKS AND IT FELL AND DIED, IT IS NO UNAVOIDABLE ACCIDENT. <b><i>GEMARA</i></b>. But has it not been taught: [The attack of] one wolf is an accident? — R. Nahman b. Isaac replied: That is when there is a visitation of wolves, and is R. Judah's view. [THE ATTACK OF] A ROBBER IS AN UNAVOIDABLE ACCIDENT. But why so: let man stand against man — Said Rab: This refers to an armed robber. The scholars propounded: What of an armed robber and an armed shepherd? Do we say, man must stand against man; or perhaps, the former is prepared to risk his life, but this cannot be expected of the latter? — Reason teaches that the one risks his life, but not the other.<span class="x" onmousemove="('comment',' Hence it is an unavoidable accident. ');">²⁵</span> Abaye asked Raba: What if the shepherd met him [sc. the robber] and said to him, 'Thou vile thief! We are stationed in such and such a place;

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