Responsa for Bava Metzia 186:6
דשמע קל אריה ועל אי הכי אומדין אותו מאי הוה ליה למעבד היה לו לקדם ברועים ובמקלות
He raised another objection: If a shepherd, who was guarding his flock, left it and entered the town, and a wolf came and destroyed [a sheep]; or a lion, and tore it to pieces, we do not say, 'Had he been there, he could have saved them;' but estimate his strength: if he could have saved them, he is responsible; if not, he is exempt.<span class="x" onmousemove="('comment',' V. supra 41a. ');"><sup>5</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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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.
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.
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