Talmud Bavli
Talmud Bavli

Responsa for Bava Kamma 123:5

אמר רב שמעית מילתא לר' יהודה ולא ידענא מאי היא אמר שמואל ולא ידע אבא מאי שמיע ליה לר' יהודה דמחייב על נזקי טמון באש עשו תקנת נגזל באשו

[So also where permission was granted] for the purpose of piling up stacks of wheat, and he piled up stacks of barley, or [permission was given for] barley and he piled up wheat, or even where he piled up wheat [for which the permission was granted], but covered it with barley, or again where he piled up barley but covered it with wheat; [in these cases] no payment would be made except for the value of the barley alone.<span class="x" onmousemove="('comment',' As where permission was granted for barley the owner of the field could not have expected that wheat would be piled up. Even where permission was given for wheat, if the stacks were covered with barley, the owner of the field can plead that he only noticed barley. ');"><sup>5</sup></span>

Teshuvot Maharam

Q. A deposited with B for safe-keeping a strongbox well locked up. Subsequently, B broke open the box and left it open. When A came for his box and found it open, he charged that several silver vessels and other valuables were missing. B admitted having opened the box, but said that he abstracted therefrom a single silver vessel because he had gone surety for A and needed the money in order to extricate himself therewith from the entanglements of that obligation.
A. A is to be held responsible for all articles that, according to B's assertion under oath, are missing from the strongbox, provided such articles are usually kept in a strongbox of this type, for the ordinance for the benefit of the robbed person [that the latter take an oath as to the extent of the damage he has suffered, and collect full compensation therefor], applies also to other, similar, damagees. (B.K. 62a).
SOURCES: Cr. 201; Mordecai Hagadol, p. 268b; Sinai VII (1943), 5–6, 49.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse