Reference for Bava Metzia 72:13
אמר רבי יוסי כיצד הלה עושה סחורה בפרתו כו': אמר רב יהודה אמר שמואל הלכה כרבי יוסי אמר ליה רב שמואל בר יהודה לרב יהודה אמרת לן משמיה דשמואל חלוק היה רבי יוסי
— he should rather have answered him, What difference does this place or another make to the Angel of Death?<span class="x" onmousemove="('comment',' This answer is preferable, for then the Mishnah on 35a is not limited to a particular instance. ');"><sup>12</sup></span> — He replied, According to you, who teach [the reason of R. Johanan's ruling<span class="x" onmousemove="('comment',' Supra 36a. ');"><sup>13</sup></span> as being that the bailor can say,] 'I do not wish my bailment to be in the hands of another', that objection [of R. Abba b. Memel] can be raised.<span class="x" onmousemove="('comment',' And having raised it, R. Ammi replied as he thought fit. ');"><sup>14</sup></span> But according to myself, who [maintain that it is because he can say,] 'You I believe on oath, whilst the other I do not believe on oath,' the objection cannot be raised at all.<span class="x" onmousemove="('comment',' Since in the Mishnah the hirer himself swears. ');"><sup>15</sup></span> Rami b. Hama objected: If he [the bailee] took it up to the top of steep rocks and it fell and died, it is no accident.<span class="x" onmousemove="('comment',' Infra 93b. ');"><sup>16</sup></span> Hence, if it died naturally, it is accounted an accident and he is not liable. Yet why so? Let him [the bailor] say to him, The [cold] mountain air killed it, or the exhaustion of [climbing] the mountain killed it! — The meaning there is that he took it up to a fertile and goodly pasture ground.<span class="x" onmousemove="('comment',' Which is a natural thing for shepherds: hence he is not liable on the score of cold air or exhaustion. ');"><sup>17</sup></span> If so, it is the same even if it fell?<span class="x" onmousemove="('comment',' Since, on the present hypothesis, he merely did his duty in taking it up. ');"><sup>18</sup></span> — He should have supported it [to prevent it from falling], but did not. If so, consider the first clause: If it ascended to the top of steep rocks and then fell down, it is an accident. Yet there too he should have supported it! — That holds good only if he supported it in its ascent, and supported it when it fell.<span class="x" onmousemove="('comment',' The animal's weight, however, being too much for him. ');"><sup>19</sup></span> SAID R. JOSE: HOW SHALL ONE DO BUSINESS WITH HIS NEIGHBOUR'S COW etc. Rab Judah said in Samuel's name: The <i>halachah</i> is as R. Jose. R. Samuel b. Judah asked Rab Judah: You have told us in Samuel's name that R. Jose disputed
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