Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 186:2

איתיביה אלו הם אונסין ששומר שכר פטור עליהן כגון (איוב א, טו) ותפל שבא ותקחם ואת הנערים הכו לפי חרב אמר ליה התם בחזני מתא

Abaye protested, 'If so, had he entered the town when people generally enter it [leaving his charges alone], would he still be exempt?' — 'Yes', he replied. 'Then had he slept a little when other people sleep, would he also be exempt?' — 'Even so,' was his answer. Thereupon he raised an objection: The following are the accidents for which a paid bailee is not responsible: E.g., <i>And the Sabeans fell upon them</i> [sc. the oxen and asses], <i>and took them away; yea, they have slain the servants with the edge of the sword</i>!<span class="x" onmousemove="('comment',' Job I, 15: this proves that they are free from liability only for exceptional and unpreventable mishaps. ');"><sup>2</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.
Ask RabbiBookmarkShareCopy

Teshuvot Maharam

Q. A gave to a broker a ring to sell. The broker lost the precious stone of the ring. The Rabbis of the town are of varied opinions. Some say that the broker is responsible for the loss, and others are of the opinion that he is not responsible.
A. The responsibility of the broker is that of a hired watchman since he took the ring in the anticipation of making a profit. The broker, therefore, must swear that the stone is not in his possession; he must also take an oath as to the value of the stone, and must repay that amount to A.
SOURCES: Pr. 547, 548; Mord. B. M. 359. Cf. Agudah B. M. 127.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse