Reference for Bava Metzia 165:16
אמר ריש לקיש
Go and bring proof that originally, when bought, the wine was sound, then will you be free from liability.' R. Joseph. his son, observed to him: In accordance with whom [is your verdict]? With Issi? — Yes, said he, in accordance with Issi; and we agree with him. R. Hiyya b. Joseph instituted a measure in Sikara.<span class="x" onmousemove="('comment',' Near Mahoza. ');"><sup>14</sup></span> Viz., those who carry burdens on a yoke, and they break, must pay half. Why? Because it [the burden] is too much for one, yet too little for two:<span class="x" onmousemove="('comment',' Consequently, one person would carry it. ');"><sup>15</sup></span> therefore it lies midway between accident and negligence.<span class="x" onmousemove="('comment',' Lit., 'it is near to accident and near to negligence.' ');"><sup>16</sup></span> Those who carry on a pole must pay all.<span class="x" onmousemove="('comment',' Rashi explains that it was a pole made for a two-man burden. Therefore, when one carries it alone, it is culpable negligence, for which he bears full responsibility. ');"><sup>17</sup></span> Some porters [negligently] broke a barrel of wine belonging to Rabbah son of R. Huna.<span class="x" onmousemove="('comment',' [So according to Alfasi; cur. edd.: 'b. Bar Hanan,' MS.M.: 'b. Bar Hanah.' v. next note.] ');"><sup>18</sup></span> Thereupon he seized their garments; so they went and complained to Rab.<span class="x" onmousemove="('comment',' [Other texts: 'Raba', according to which preference is to be given to reading: Rabbah. b. R. Hanan, v. D.S.] ');"><sup>19</sup></span> 'Return them their garments,' he ordered. 'Is that the law?' he enquired. 'Even so,' he rejoined: <i>'That thou mayest walk in the way of good men.</i>'<span class="x" onmousemove="('comment',' Prov. II, 20. ');"><sup>20</sup></span> Their garments having been returned, they observed. 'We are poor men, have worked all day, and are in need: are we to get nothing?' 'Go and pay them,' he ordered. 'Is that the law?' he asked. 'Even so,' was his reply: '<i>and keep the path of the righteous.</i>'<span class="x" onmousemove="('comment',' Ibid. Actually they were responsible, but Rab told him that in such a case one should not insist on the letter of the law. ');"><sup>21</sup></span> <b><i>MISHNAH</i></b>. ONE WHO ENGAGES LABOURERS AND DEMANDS THAT THEY COMMENCE EARLY OR WORK LATE — WHERE LOCAL USAGE IS NOT TO COMMENCE EARLY OR WORK LATE HE MAY NOT COMPEL THEM. WHERE IT IS THE PRACTICE TO SUPPLY FOOD [TO ONE'S LABOURERS], HE MUST SUPPLY THEM THEREWITH; TO PROVIDE A RELISH, HE MUST PROVIDE IT. EVERYTHING DEPENDS ON LOCAL CUSTOM. IT ONCE HAPPENED THAT R. JOHANAN B. MATHIA SAID TO HIS SON, 'GO OUT AND ENGAGE LABOURERS.' HE WENT AND AGREED TO SUPPLY THEM WITH FOOD. BUT ON HIS RETURNING TO HIS FATHER, THE LATTER SAID, MY SON, SHOULD YOU EVEN PREPARE FOR THEM A BANQUET LIKE SOLOMON'S WHEN IN HIS GLORY,<span class="x" onmousemove="('comment',' Lit., 'in his time'. ');"><sup>22</sup></span> YOU CANNOT FULFIL YOUR UNDERTAKING, FOR THEY ARE CHILDREN OF ABRAHAM, ISAAC AND JACOB. BUT, BEFORE THEY START WORK, GO OUT AND TELL THEM, ''[I ENGAGE YOU] ON CONDITION THAT YOU HAVE NO CLAIM UPON ME OTHER THAN BREAD AND PULSE.'' R. SIMEON B. GAMALIEL SAID: IT WAS UNNECESSARY [TO STIPULATE THUS]; EVERYTHING DEPENDS ON LOCAL CUSTOM. <b><i>GEMARA</i></b>. Is it not obvious? — It is necessary [to teach it] only when he [the employer] pays them a higher wage [than usual]: I might think that he can plead, 'I pay you a higher wage in order that you may start earlier and work for me until nightfall;' we are therefore taught that they can reply, 'The higher remuneration is [only] for better work [but not longer hours].' Resh Lakish said: