sometimes

<<both of them

<<are liable to a guilt-offering;

<<sometimes

<<the renter

<<is liable to a sin-offering

<<and the borrower

<<to a guilt-offering;

<<sometimes

<<the renter

<<is liable to a guilt-offering

<<and the borrower

<<to a sin-offering.

How

<<is this?

<<Denial of

<<money —

<<a guilt-offering;

<<an utterance of

<<the lips —

<<a sin-offering.

Sometimes

<<both of them

<<are liable to a sin-offering —

<<such as

<<where it died

<<in its usual way

<<and they said

<<it met with an accident.

<<The renter,

<<who either way

<<is indeed

<<exempt —

<<a sin-offering;

<<the borrower,

<<who either way

<<is indeed

<<liable —

<<a sin-offering.

Sometimes

<<both of them

<<are liable to a guilt-offering —

<<such as

<<where it was stolen

<<and they said

<<it died

<<on account of

<<work,

<<for both of them

<<are denying

<<money,

<<for indeed

<<they are liable,

<<and they are exempting

<<themselves.

The renter

<<to a sin-offering

<<and the borrower

<<to a guilt-offering —

<<such as

<<where it died

<<in its usual way

<<and they said

<<it died

<<on account of

<<work.

<<The renter,

<<who either way

<<is indeed

<<exempt,

<<is liable

<<to a sin-offering;

<<the borrower,

<<who is liable

<<for “it died

<<in its usual way”,

<<and exempts

<<himself

<<with “it died

<<on account of

<<work” —

<<to a guilt-offering.

The renter

<<to a guilt-offering

<<and the borrower

<<to a sin-offering —

<<such as

<<where it was stolen

<<and they said

<<it died

<<in its usual way.

<<The renter

<<it is

<<who is liable

<<for theft

<<and loss,

<<and exempts

<<himself

<<with “it died

<<in its usual way” —

<<to a guilt-offering;

<<the borrower,

<<who either way

<<is indeed

<<liable —

<<to a sin-offering.

What

<<does it teach us?

<<To exclude

<<that of Rabbi

<<Ami,

<<who said:

<<any

<<oath

<<that the judges

<<administer —

<<they are not

<<liable

<<for it

<<on account of

<<an oath of

<<utterance,

<<for it is said:

<<“Or

<<a person

<<when

<<he swears

<<to utter

<<with the lips” —

<<“when

<<he swears”,

<<of his own accord.

<<It teaches us

<<that it is not

<<like Rabbi

<<Ami.

It was stated:

<<a guardian

<<who handed over

<<to a guardian —

<<Rav

<<said:

<<he is exempt;

<<and Rabbi Yochanan

<<said:

<<he is liable.

Abaye said:

<<according to the reasoning

<<of Rav,

<<it is not

<<necessary to say

<<a guardian

<<who is unpaid

<<who handed over

<<to a guardian

<<who is paid,

<<where raising,

<<he raised

<<its guarding;

<<but

<<even

<<a guardian

<<who is paid

<<who handed over

<<to a guardian

<<who is unpaid,

<<where lowering,

<<he lowered

<<its guarding —

<<he is exempt.

<<What is the reason?

<<For indeed

<<he handed it over

<<to a person of understanding.

And according to the reasoning

<<of Rabbi Yochanan,

<<it is not

<<necessary to say

<<a guardian

<<who is paid

<<who handed over

<<to a guardian

<<who is unpaid,

<<where lowering,

<<he lowered

<<its guarding;

<<but

<<even

<<a guardian

<<who is unpaid

<<who handed over

<<to a guardian

<<who is paid,

<<where raising,

<<he raised

<<its guarding —

<<he is liable,

<<for he says

<<to him:

<<“it is not

<<my wish

<<that should be

<<my deposit

<<in the hand of

<<another”.

Rav Chisda said:

<<this

<<of Rav

<<was not

<<explicitly

<<stated,

<<but

<<by inference.

<<For those

<<gardeners

<<who every

<<day

<<would

<<deposit

<<their spades

<<with

<<a certain

<<old woman.

<<One day

<<they deposited them

<<with

<<one

<<of them.

<<He heard

<<the sound of

<<a wedding hall;

<<he went out,

<<he went.

<<He deposited them

<<with

<<that

<<old woman.

<<While he went

<<and came back,

<<were stolen

<<their spades.

He came

<<before

<<Rav,

<<and he exempted him.

<<The one

<<who saw

<<held:

<<because

<<a guardian

<<who handed over

<<to a guardian

<<is exempt.

<<But it is not

<<so;

<<it is different

<<there,

<<for every

<<day

<<too

<<they

<<themselves

<<with

<<that

<<old woman

<<would

<<deposit

<<them.

Sat

<<Rabbi Ami

<<and said

<<this

<<teaching.

<<Raised an objection to him

<<Rabbi Abba bar Memel

<<to Rabbi Ami:

<<one who rents

<<a cow

<<from his fellow

<<and lent it

<<to another

<<and it died

<<in its usual way —

<<shall swear

<<the renter

<<that it died

<<in its usual way,

<<and the borrower

<<pays

<<the renter.

<<And if

<<it is so,

<<let him say

<<to him:

<<it is not

<<my wish

<<that should be

<<my deposit

<<in the hand of

<<another!

<<He said to him:

<<here

<<with what

<<are we dealing?

<<Where gave

<<him

<<permission

<<the owner

<<to lend.

If so,

<<the owner

<<he must

<<pay!

<<Where they said

<<to him:

<<at your discretion.

Objected

<<Rami bar Chama:

<<one who deposits

<<money

<<with

<<his fellow —

<<if he bound it

<<and slung it

<<behind him,

<<handed it

<<to his son

<<or daughter

<<who are minors,

<<or locked

<<before them

<<not

<<properly —

<<he is liable,

<<for he did not

<<guard

<<in the way of

<<guardians.

The reason is

<<that they are minors;

<<but

<<adults —

<<he is exempt.

<<Why?

<<Let him say

<<to him:

<<it is not

<<my wish

<<that should be

<<my deposit

<<in the hand of

<<another!

Rava said:

<<anyone

<<who deposits