trustee

If a man deposited a sum of money with an agent for his daugher, and [after she was betrothed] she says, “I trust my husband”, the trustee must act in accordance with the condition of his trust, the words of Rabbi Meir. Rabbi Yose says: were [the trust] a field and she wished to sell it, it would be as if it was sold immediately! To whom does this apply? To [a daughter] who has reached majority age, but in the case of a minor, there is no validity at all to the act of a minor.

The Mishnah is about new sheqalim, but not about old sheqalim. And it was stated so: Old ones in the Temple, no old ones in the countryside. The Mishnah is about an unpaid trustee, but not about a paid keeper. Rav Abba said, even if you say about a paid keeper, if they were stolen, by an armed robber, if the were lost, as when his ship sank at sea. Rebbi Justus ben Rebbi Simon said, it follows him who said, one disburses on the account of what was collected and what was to be collected, but not following him who said one does not disburse on basis of what was collected nor what was secured by pledges.

Somebody put aside his sheqel and it was lost. Rebbi Joḥanan said, he is responsible for its alienation until he delivers to the Temple trustee. Rebbi Simeon ben Laqish said, Temple property is Heaven’s at any place where it may be. A Mishnah disagrees with Rebbi Simeon ben Laqish: “they have to swear to the city dwellers who have to replace them by new sheqalim..” Still this is because of a regulation oath.

MISHNAH: For what was the disbursement used? One buys from it daily and musaf sacrifices and their libations, the `omer, and the Two Breads, and the shew-bread, and all public offerings. The watchmen for aftergrowth in the sabbatical year take their wages from the disbursement from the lodge. Rebbi Yose says, he also may volunteer as unpaid trustee. They told him, would you not also say that they only come from the public?

HALAKHAH: “For what was the disbursement used,” etc. For what reason were the times of wood by the priests and the people to be counted? Only that at the time when Israel returned from the Diaspora and did not find wood in the chamber, those came forward and volunteered wood from their own, donated it to the public, and used it to offer public sacrifices. The prophets among them stipulated that even if the chamber was full of wood and those came and offered and volunteered wood from their own, that the sacrifice should only be brought first from theirs. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. It was stated, a woman who made a coat for her son has to surrender it to the public. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering.. A baraita disagrees with Rebbi Yose: “Those days are observed at the time of sacrifices and not at the time of sacrifices; Rebbi Yose says, they are observed only at the time of sacrifices.” Also from the following: “Rebbi Eleazar ben Rebbi Ṣadoq said, we were of the descendants of Senaah ben Benjamin. When the Ninth of Av fell on a Sabbath, we postponed it to the end of the Sabbath and were fasting but not completing.”

HALAKHAH: “For what was the disbursement used,” etc. For what reason were the times of wood by the priests and the people to be counted? Only that at the time when Israel returned from the Diaspora and did not find wood in the chamber, those came forward and volunteered wood from their own, donated it to the public, and used it to offer public sacrifices. The prophets among them stipulated that even if the chamber was full of wood and those came and offered and volunteered wood from their own, that the sacrifice should only be brought first from theirs. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. It was stated, a woman who made a coat for her son has to surrender it to the public. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering.. A baraita disagrees with Rebbi Yose: “Those days are observed at the time of sacrifices and not at the time of sacrifices; Rebbi Yose says, they are observed only at the time of sacrifices.” Also from the following: “Rebbi Eleazar ben Rebbi Ṣadoq said, we were of the descendants of Senaah ben Benjamin. When the Ninth of Av fell on a Sabbath, we postponed it to the end of the Sabbath and were fasting but not completing.”

HALAKHAH: For what reason were the times of wood by the priests and the people to be counted? Only that at the time when Israel returned from the Diaspora and did not find wood in the chamber, those came forward and volunteered wood from their own and donated it to the public. It was used to offer public sacrifices. The prophets among them stipulated that even if the chamber was full of wood [they would bring of their own]. If those came and offered and volunteered wood from their own, that the sacrifice should only be brought first from theirs. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. It was stated, a woman who made a coat for her son has to surrender it to the public. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yasa in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. A baraita disagrees with Rebbi Yose: “Those days are observed at the time of sacrifices and not at the time of sacrifices; Rebbi Yose says, they are observed only at the time of sacrifices.” Also from the following: “Rebbi Eleazar ben Rebbi Yose said, we were of the descendants of Senaah ben Benjamin. When the Ninth of Av fell on a Sabbath, we postponed it to the end of the Sabbath and they were fasting but not completing.”

HALAKHAH: For what reason were the times of wood by the priests and the people to be counted? Only that at the time when Israel returned from the Diaspora and did not find wood in the chamber, those came forward and volunteered wood from their own and donated it to the public. It was used to offer public sacrifices. The prophets among them stipulated that even if the chamber was full of wood [they would bring of their own]. If those came and offered and volunteered wood from their own, that the sacrifice should only be brought first from theirs. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. It was stated, a woman who made a coat for her son has to surrender it to the public. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yasa in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. A baraita disagrees with Rebbi Yose: “Those days are observed at the time of sacrifices and not at the time of sacrifices; Rebbi Yose says, they are observed only at the time of sacrifices.” Also from the following: “Rebbi Eleazar ben Rebbi Yose said, we were of the descendants of Senaah ben Benjamin. When the Ninth of Av fell on a Sabbath, we postponed it to the end of the Sabbath and they were fasting but not completing.”

“But for the times of offering of wood by the priests.” For what reason were the times of wood by the priests and the people to be counted? Only that at the time when Israel returned from the Diaspora and did not find wood in the chamber, those came forward and volunteered wood from their own and donated it to the public. It was used to offer public sacrifices. The prophets among them stipulated for them that even if the chamber was full of wood, if those came and offered and volunteered wood from their own, that the sacrifice should only be brought first from theirs. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. It was stated, a woman who made a coat for her son has to surrender it to the public. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering.. A baraita disagrees with Rebbi Yose: “Those days are observed at the time of sacrifices and not at the time of sacrifices; Rebbi Yose says, they are observed only at the time of sacrifices.” Also from the following: “Rebbi Eleazar ben Rebbi Sadoq said, we were of the descendants of Senaah ben Benjamin. When the Ninth of Av fell on a Sabbath, we postponed it to the end of the Sabbath and we were fasting but not completing.”

“But for the times of offering of wood by the priests.” For what reason were the times of wood by the priests and the people to be counted? Only that at the time when Israel returned from the Diaspora and did not find wood in the chamber, those came forward and volunteered wood from their own and donated it to the public. It was used to offer public sacrifices. The prophets among them stipulated for them that even if the chamber was full of wood, if those came and offered and volunteered wood from their own, that the sacrifice should only be brought first from theirs. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering. It was stated, a woman who made a coat for her son has to surrender it to the public. Rebbi Aḥa said, this is Rebbi Yose’s, since Rebbi Yose said, also he may volunteer as unpaid trustee. Rebbi Yose in the name of Rebbi Ila, it is the opinion of everybody. Where do they disagree? About the body of the offering. But for enablers of the offering everybody agrees that a private offering can be turned into public offering.. A baraita disagrees with Rebbi Yose: “Those days are observed at the time of sacrifices and not at the time of sacrifices; Rebbi Yose says, they are observed only at the time of sacrifices.” Also from the following: “Rebbi Eleazar ben Rebbi Sadoq said, we were of the descendants of Senaah ben Benjamin. When the Ninth of Av fell on a Sabbath, we postponed it to the end of the Sabbath and we were fasting but not completing.”

MISHNAH: If somebody gives money in trust for his daughter and she says, I am trusting my husband, the trustee should execute what he was entrusted with, the words of Rebbi Meïr. Rebbi Yose says, is it not only about a field? If she wants to sell it, can she not sell it now? When has this been said? If she is an adult. But about a minor, no legal act of a minor is valid.

”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”

HALAKHAH: “If somebody engages his wife as grocer,” etc. Is Rebbi Eliezer not correct? What is the rabbis’ reason? If you say so, there never would be peace in his house. If she broke vessels, is she responsible as an unpaid or a paid trustee? It would be reasonable to consider her a paid trustee. They said, she is not even an unpaid trustee, for if you say so, there never would be peace in his house.

HALAKHAH: “If somebody engages his wife as grocer,” etc. Is Rebbi Eliezer not correct? What is the rabbis’ reason? If you say so, there never would be peace in his house. If she broke vessels, is she responsible as an unpaid or a paid trustee? It would be reasonable to consider her a paid trustee. They said, she is not even an unpaid trustee, for if you say so, there never would be peace in his house.

HALAKHAH: “If somebody engages his wife as grocer,” etc. Is Rebbi Eliezer not correct? What is the rabbis’ reason? If you say so, there never would be peace in his house. If she broke vessels, is she responsible as an unpaid or a paid trustee? It would be reasonable to consider her a paid trustee. They said, she is not even an unpaid trustee, for if you say so, there never would be peace in his house.

There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

A guardian appointed by the orphans’ father shall be made to swear, for usually he is not checked out. If he was appointed by the court he shall not be made to swear for usually he was checked out. Abba Shaul says, it is the other way around; a guardian appointed by the orphans’ father shall be made to swear, for he is like one who is paid; if he was appointed by the court he shall not be made to swear for for he can say to him, I am doing this as a favor to you. It turns out that Rebbi Joḥanan follows the rabbis and Rebbi Yose ben Ḥanina Abba Shaul. Does Rebbi Joḥanan follow the rabbis? Even if he holds with Abba Shaul, a person acts as a trustee in order to be declared trustworthy. Does Rebbi Yose ben Ḥanina [follow] Abba Shaul? Even if he holds with the rabbis, a person is apt to slip away from an oath but not from payments.

Rebbi Yudan said, we deal with the case that it was lost by compulsion. They treated her like an unpaid trustee who may stipulate to be free from an oath. Rebbi Yose said, do we state here that the unpaid trustee is free from an oath? But we deal with the case that it was lost by mishandling. They treated the stole according to its value. But the rabbis say that in any case it has to be treated as a case of condition of a bill of divorce.

Rebbi Yudan said, we deal with the case that it was lost by compulsion. They treated her like an unpaid trustee who may stipulate to be free from an oath. Rebbi Yose said, do we state here that the unpaid trustee is free from an oath? But we deal with the case that it was lost by mishandling. They treated the stole according to its value. But the rabbis say that in any case it has to be treated as a case of condition of a bill of divorce.

Rav Jehudah sent to Rebbi Eleazar: If a keeper give to another keeper. He answered, the first is responsible. Rebbi Joḥanan said, the second is responsible. Rebbi Simeon ben Laqish said, the second is responsible. There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee. Rebbi Yose said, how can this person make a deal with another’s cow? But the cow’s [price] has to be restituted to the owner.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease the entire time it is leased to him. Rebbi Ze‘ira asked Rebbi Abinna: If the owners borrowed it and it died? He said to him, we hold that they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the Elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

We have stated: “Four main categories of damages.” But Rebbi Ḥiyya stated thirteen: Damages, suffering, medical costs, loss of earning power, shame; the unpaid trustee, and the borrower, the paid trustee, and the renter. Say now, what we stated [refers to] responsibility for damages. What Rebbi Ḥiyya stated [refers to] both responsibility for damages and bodily injury. Rebbi Ḥaggai asked: How can we state “four main categories”? If everything was said about one bull; let us state “three,” if it was said about three bulls, let us state “five”! But as it is presented in the verse, thus it is presented in the Mishnah.

We have stated: “Four main categories of damages.” But Rebbi Ḥiyya stated thirteen: Damages, suffering, medical costs, loss of earning power, shame; the unpaid trustee, and the borrower, the paid trustee, and the renter. Say now, what we stated [refers to] responsibility for damages. What Rebbi Ḥiyya stated [refers to] both responsibility for damages and bodily injury. Rebbi Ḥaggai asked: How can we state “four main categories”? If everything was said about one bull; let us state “three,” if it was said about three bulls, let us state “five”! But as it is presented in the verse, thus it is presented in the Mishnah.

New paragraph. “Properties of people of the Covenant,” excluding cattle of a Jew which gored cattle of a Gentile. “Private property,” excluding ownerless property. “Except for property belonging solely to the person responsible for the damage” who cannot be sued. “But [the rules] apply to property common to the person suffering the damage and the person responsible for the damage.” Rebbi Jeremiah said, if it were stated “except for property belonging solely to the person responsible for the damage” and had stopped, I would have said that [responsibility applies] both to a common courtyard and to a courtyard belonging to neither party. Why did it state: “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? [To indicate] that it applies to the unpaid trustee, the borrower, the paid trustee, and the renter. Rebbi Yose said, since it stated “except for property belonging solely to the person responsible for the damage”, would we not know that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? Why was it stated that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? To exclude a courtyard belonging to neither of them. Some Tannaїm state: A condominium courtyard is obligated, a courtyard belonging to neither of them is free. Some Tannaїm state: Even a courtyard belonging to neither of them is obligated. He who says, a condominium courtyard is obligated, a courtyard belonging to neither of them is free, for it is written: “the best of his fields.” But he who says, even a courtyard belonging to neither of them is obligated, for it is written: “It ravages another person’s field.”

New paragraph. “Properties of people of the Covenant,” excluding cattle of a Jew which gored cattle of a Gentile. “Private property,” excluding ownerless property. “Except for property belonging solely to the person responsible for the damage” who cannot be sued. “But [the rules] apply to property common to the person suffering the damage and the person responsible for the damage.” Rebbi Jeremiah said, if it were stated “except for property belonging solely to the person responsible for the damage” and had stopped, I would have said that [responsibility applies] both to a common courtyard and to a courtyard belonging to neither party. Why did it state: “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? [To indicate] that it applies to the unpaid trustee, the borrower, the paid trustee, and the renter. Rebbi Yose said, since it stated “except for property belonging solely to the person responsible for the damage”, would we not know that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? Why was it stated that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? To exclude a courtyard belonging to neither of them. Some Tannaїm state: A condominium courtyard is obligated, a courtyard belonging to neither of them is free. Some Tannaїm state: Even a courtyard belonging to neither of them is obligated. He who says, a condominium courtyard is obligated, a courtyard belonging to neither of them is free, for it is written: “the best of his fields.” But he who says, even a courtyard belonging to neither of them is obligated, for it is written: “It ravages another person’s field.”

MISHNAH: If it was handed over to an unpaid trustee, or a borrower, or a paid trustee, or a lessee, they entered instead of the owner; a notorious animal pays full damages, a tame one half damages. If he tied it down with a rope and locked it in as he should, if then it broke out and caused damage he is liable whether tame or notorious. Rebbi Jehudah says, for the tame he is liable, for the notorious he is not liable since it was said: “if its owner would not guard it,” but it was guarded. Rebbi Eliezer says, this one can be guarded only by the knife.

MISHNAH: If it was handed over to an unpaid trustee, or a borrower, or a paid trustee, or a lessee, they entered instead of the owner; a notorious animal pays full damages, a tame one half damages. If he tied it down with a rope and locked it in as he should, if then it broke out and caused damage he is liable whether tame or notorious. Rebbi Jehudah says, for the tame he is liable, for the notorious he is not liable since it was said: “if its owner would not guard it,” but it was guarded. Rebbi Eliezer says, this one can be guarded only by the knife.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

Rebbi Joḥanan asked: Can one argue for him an argument which does not apply to him? Let us hear from the following: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. He said, does not everybody know that all Bar Ziza’s sharecrooper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza had adult and underage sons. He said, the adult one should take half and when the underage ones grow up, they should receive half. Rebbi Ismael ben Rebbi Yose died; the case came before Rebbi Ḥiyya who said, that argument means nothing [since there are people who do not flout their wealth]; it should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underaged ones is compared to one who gave a gift.

MISHNAH: If one deposited an animal or vessels with another and they were stolen or lost: If the other paid and did not want to swear although they said that the unpaid trustee swears and is absolved, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the person with whom it was deposited. If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.

HALAKHAH: “If somebody deposits an amphora with another person,” etc. Did not Rebbi Eleazar say, to what can the situation be compared? One who steals an amphora from another person’s wine cellar. Even if the owner does not realize the theft, it is necessary that he know of its return. He said, there is a difference because [the trustee] has authority over it. Rebbi Eleazar said, some say because the trustee has authority over it. What means “for its needs”? If the owner insisted on a specified place, at another place, whether it is for his needs or its needs, he is (not) liable. There are those who say that the trustee is not authorized; there is no difference whether at this place or at another place; for his needs he is liable, for its needs he is not liable.

HALAKHAH: “If somebody deposits an amphora with another person,” etc. Did not Rebbi Eleazar say, to what can the situation be compared? One who steals an amphora from another person’s wine cellar. Even if the owner does not realize the theft, it is necessary that he know of its return. He said, there is a difference because [the trustee] has authority over it. Rebbi Eleazar said, some say because the trustee has authority over it. What means “for its needs”? If the owner insisted on a specified place, at another place, whether it is for his needs or its needs, he is (not) liable. There are those who say that the trustee is not authorized; there is no difference whether at this place or at another place; for his needs he is liable, for its needs he is not liable.

HALAKHAH: “If somebody deposits an amphora with another person,” etc. Did not Rebbi Eleazar say, to what can the situation be compared? One who steals an amphora from another person’s wine cellar. Even if the owner does not realize the theft, it is necessary that he know of its return. He said, there is a difference because [the trustee] has authority over it. Rebbi Eleazar said, some say because the trustee has authority over it. What means “for its needs”? If the owner insisted on a specified place, at another place, whether it is for his needs or its needs, he is (not) liable. There are those who say that the trustee is not authorized; there is no difference whether at this place or at another place; for his needs he is liable, for its needs he is not liable.

When did they say that the unpaid trustee swears and is absolved? If he took care of it the way caretakers do: He locked as he should, tied as he should, put it into his money-belt, tied it into his poncho and kept it in front of him, put it into a cupboard, a chest, or a safety box; if they were stolen or lost he is required to swear but not liable to pay. If there are witnesses that he did so, he even is freed from the oath. He locked carelessly, tied carelessly, put it on his back, left it on his roof; if it was stolen he is liable for payment. If he put it at a place where he usually keeps his own things, if it was kept safe as it should have been he is not liable, otherwise he is liable.

MISHNAH: The following are not under the rules of cheating: Slaves, securities, real estate, and Temple property; they are not under the rules of double or quadruple or quintuple restitution. An unpaid trustee does not have to swear, a paid trustee does not pay. Rebbi Simeon says, sacrifices which he is obligated to warrant are under the rules of cheating; those for which he is not obligated to warrant are not under the rules of cheating. Rebbi Jehudah says, also he who sells a Torah scroll, an animal, or a pearl is not under the rules of cheating. They told him, they said only these.

MISHNAH: The following are not under the rules of cheating: Slaves, securities, real estate, and Temple property; they are not under the rules of double or quadruple or quintuple restitution. An unpaid trustee does not have to swear, a paid trustee does not pay. Rebbi Simeon says, sacrifices which he is obligated to warrant are under the rules of cheating; those for which he is not obligated to warrant are not under the rules of cheating. Rebbi Jehudah says, also he who sells a Torah scroll, an animal, or a pearl is not under the rules of cheating. They told him, they said only these.

“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.

Rebbi Jeremiah asked: There you say that a paid trustee who would be responsible for accidents is forbidden. But here you say that a paid trustee who is responsible for accidents is permitted. Does it not happen that an unpaid trustee agrees to be like a borrower? Rebbi Jeremiah asked: There you say that mortmain belongs to the first, but here you say to the second. Rebbi Yose said, there since the essence belongs to the first, the offspring are counted for the first. But here the essence belongs to the second since the offspring belong to the second.

Rebbi Jeremiah asked: There you say that a paid trustee who would be responsible for accidents is forbidden. But here you say that a paid trustee who is responsible for accidents is permitted. Does it not happen that an unpaid trustee agrees to be like a borrower? Rebbi Jeremiah asked: There you say that mortmain belongs to the first, but here you say to the second. Rebbi Yose said, there since the essence belongs to the first, the offspring are counted for the first. But here the essence belongs to the second since the offspring belong to the second.

Rebbi Jeremiah asked: There you say that a paid trustee who would be responsible for accidents is forbidden. But here you say that a paid trustee who is responsible for accidents is permitted. Does it not happen that an unpaid trustee agrees to be like a borrower? Rebbi Jeremiah asked: There you say that mortmain belongs to the first, but here you say to the second. Rebbi Yose said, there since the essence belongs to the first, the offspring are counted for the first. But here the essence belongs to the second since the offspring belong to the second.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

MISHNAH: All artisans are paid trustees, but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee. Watch over what is mine and I shall watch over what is yours, paid trustee. Watch over what is mine, and he said, put it down before you, an unpaid trustee. He who gives a loan on a pledge is a paid trustee; Rebbi Jehudah said, if he lent money, he is an unpaid trustee, if produce, a paid trustee. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property.

Samuel said, if he said, put it down before me. But if he said, put it down before yourself, he is neither an unapaid nor a paid trustee.

MISHNAH: One who transports an amphora from place to place and it breaks shall swear, whether unpaid or paid trustee. Rebbi Eliezer said, both shall swear, but I am wondering whether any of them be able to swear.

MISHNAH: Watchmen of produce eat because of local practice but not from the Torah. There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper and the renter. The unpaid trustee swears about everything, the borrower pays for everything. The paid keeper and the renter swear about the broken, the kidnapped, and the dead but pay for the lost and the stolen.

MISHNAH: Watchmen of produce eat because of local practice but not from the Torah. There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper and the renter. The unpaid trustee swears about everything, the borrower pays for everything. The paid keeper and the renter swear about the broken, the kidnapped, and the dead but pay for the lost and the stolen.

MISHNAH: About the following one does not swear: slaves, and documents, and real estate, and gifts to the Temple. Not about double restitution, nor quadruple or quintuple; the unpaid trustee does not swear, the paid trustee does not pay. Rebbi Simeon says, one swears about things for which he is responsible if they be alienated, but does not swear if he is not responsible if they be alienated. Rebbi Meїr says, there are things which are like real estate and they are not like real estate but the Sages do not agree with him. How is this? “Ten bearing vines did I hand over to you,” but the other says, “they are only five.” Rebbi Meїr declares liable for an oath but the Sages say, anything connected to the ground is like ground.

MISHNAH: About the following one does not swear: slaves, and documents, and real estate, and gifts to the Temple. Not about double restitution, nor quadruple or quintuple; the unpaid trustee does not swear, the paid trustee does not pay. Rebbi Simeon says, one swears about things for which he is responsible if they be alienated, but does not swear if he is not responsible if they be alienated. Rebbi Meїr says, there are things which are like real estate and they are not like real estate but the Sages do not agree with him. How is this? “Ten bearing vines did I hand over to you,” but the other says, “they are only five.” Rebbi Meїr declares liable for an oath but the Sages say, anything connected to the ground is like ground.

May one claim extraordinary things? One may, following what Rebbi Joḥanan said, a person may be rich on the market place and poor in his house; rich in his house and poor in the market place. There is one who poses as richand has nothing, poses as poor and has great wealth. Rebbi Abba told: Bar Ziza’s sharecropper deposited a pound of gold with somebody. Bar Ziza and Bar Ziza’s sharecropper died; the case came before Rebbi Ismael ben Rebbi Yose. Would one not say that all that Bar Ziza’s sharecropper had was Bar Ziza’s property? It should be given to Bar Ziza’s sons. Bar Ziza’s sons came. He said, the adult ones should take half and when the underage grow up they should take half. Rebbi Ismael ben Rebbi Yose died; the case came before the Elder Rebbi Ḥiyya who said, that argument means nothing since there are people who do not advertise themselves. It should be given to the sharecropper’s sons. The trustee told him, I already disbursed half of it. He told him, what you gave, you gave by court order and what you will give, you will give by court order. May the sharecropper’s sons say to Bar Ziza’s sons, give us what you took? They can tell them, what was done was done by court order. May the underage ones say to the adult, let us share with you? May they tell them, we found a find? Rebbi Isaac said, the case between the adult and underage ones is only comparable to a gift given to them.

MISHNAH: There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper, and the renter. The unpaid trustee swears about everything; the borrower pays for everything; the paid keeper and the renter swear about breakage, abduction, and death, but pay for the lost and the stolen.

MISHNAH: There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper, and the renter. The unpaid trustee swears about everything; the borrower pays for everything; the paid keeper and the renter swear about breakage, abduction, and death, but pay for the lost and the stolen.

HALAKHAH: It was stated: If it was neither to his benefit nor to his detriment, he is liable. Rebbi said, a baraita says so: “If he said to the borrower, the unpaid trustee, the recipient of a fee, or the renter, ‘where is my ox?’ This one said, ‘it died.’” May he tell him, “come and swear to me that you never thought of rustling it”? In any case he would not pay; what could he say? “Even if you would pay me a lot, I want from you what is mine.”