Responsa for Bava Metzia 161:6
איבעיא להו פטור משואל וחייב כשומר שכר או דלמא שומר שכר נמי לא הוי אמר אמימר מסתברא פטור משואל וחייב כשומר שכר הואיל ונהנה מהנה הוה
— It is particularly necessary to state the case of 'Take your property,' for I might think that he is not even an unpaid bailee;<span class="x" onmousemove="('comment',' For 'Take your property' may imply that he refuses all further responsibility — an unpaid bailee is liable for negligence. ');"><sup>6</sup></span>
Teshuvot Maharam
Q. A borrowed a book from B for one hour with the understanding that after the hour B would send for it, and if not, he should bring the book back to B. A few hours later a fire broke out in A's house, as a result of which, A was compelled to flee for his life, as the Gentiles were accustomed to throw into the fire Jews in whose houses a fire broke out. A could not, therefore, save B's book.
A. After the period, for which A borrowed the book, had passed, A's responsibility for the book became that of a hired watchman. Therefore, if, before he fled, A could have hired somebody to save the book, and did not do so, he was liable for its loss. But if this was impossible, he was free from obligation.
SOURCES: Pr. 140; Mord. B. M. 376; Agudah B. M. 152.
A. After the period, for which A borrowed the book, had passed, A's responsibility for the book became that of a hired watchman. Therefore, if, before he fled, A could have hired somebody to save the book, and did not do so, he was liable for its loss. But if this was impossible, he was free from obligation.
SOURCES: Pr. 140; Mord. B. M. 376; Agudah B. M. 152.
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