on

<<the understanding of

<<his wife

<<and his children

<<it is

<<that he deposits.

Say

<<the Nehardeans:

<<it is precise

<<too,

<<for it teaches:

<<or

<<that he handed it

<<to his son

<<or daughter

<<who are minors —

<<he is liable.

<<But

<<to his son

<<or daughter

<<who are adults —

<<he is exempt.

<<By inference,

<<to others —

<<it makes no difference

<<adults

<<and it makes no difference

<<minors —

<<he is liable;

<<for if so,

<<let it teach

<<minors

<<without qualification.

<<Learn from it.

Rava said:

<<the halachah is:

<<a guardian

<<who handed over

<<to a guardian

<<is liable.

<<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 —

<<he is liable.

<<What is the reason?

<<For he says

<<to him:

<<you

<<are trusted

<<by me

<<with an oath;

<<that one

<<is not

<<trusted

<<by me

<<with an oath.

It was stated:

<<if he was negligent

<<with it

<<and it went out

<<to the marsh,

<<and died

<<in its usual way —

<<Abaye

<<in the name

<<of Rabbah

<<said:

<<he is liable;

<<Rava

<<in the name

<<of Rabbah

<<said:

<<he is exempt.

Abaye

<<in the name

<<of Rabbah

<<said:

<<he is liable;

<<any

<<judge

<<who does not

<<judge

<<like

<<this

<<ruling

<<not

<<a judge

<<is he.

<<It is not

<<necessary to say

<<according to the one

<<who said

<<its beginning

<<in negligence

<<and its end

<<in accident

<<is liable,

<<that he is liable;

<<but

<<even

<<according to the one

<<who said

<<exempt,

<<here

<<he is liable.

<<What is the reason?

<<For we say:

<<the air

<<of the marsh

<<killed it.

Rava

<<in the name

<<of Rabbah

<<said:

<<he is exempt;

<<any

<<judge

<<who does not

<<judge

<<like

<<this

<<ruling

<<not

<<a judge

<<is he.

<<It is not

<<necessary to say

<<according to the one

<<who said

<<its beginning

<<in negligence

<<and its end

<<in accident

<<is exempt,

<<that he is exempt;

<<but

<<even

<<according to the one

<<who said

<<liable,

<<here

<<he is exempt.

<<What is the reason?

<<For we say:

<<the Angel of Death —

<<what

<<is it to him

<<here

<<and what

<<is it to him

<<there.

And admits

<<Abaye

<<that if

<<it returned

<<to the house of

<<its owner

<<and died,

<<that he is exempt.

<<What is the reason?

<<For indeed

<<it returned,

<<and there is no

<<saying

<<the air

<<of the marsh

<<killed it.

<<And admits

<<Rava

<<that any

<<case

<<where

<<stole it

<<a thief

<<in the marsh

<<and it died

<<in its usual way

<<in the thief's house,

<<that he is liable.

<<What is the reason?

<<For if

<<had left it

<<the Angel of Death,

<<in the house

<<of the thief

<<it would have

<<remained.

Abaye said to Rava:

<<according to you,

<<who said

<<the Angel of Death —

<<what

<<is it to him

<<here

<<and what

<<is it to him

<<there,

<<this

<<that raised as an objection

<<Rabbi Abba bar Memel

<<to Rabbi Ami,

<<and he answered

<<him:

<<where gave

<<him

<<the owner

<<permission

<<to lend —

<<let him say

<<to him:

<<the Angel of Death —

<<what

<<is it to him

<<here

<<and what

<<is it to him

<<there!

He said to him:

<<according to you,

<<who teach:

<<“it is not

<<my wish

<<that should be

<<my deposit

<<in the hand of

<<another”,

<<there is

<<to object with

<<that one;

<<according to me,

<<who say:

<<you

<<are trusted

<<by me

<<with an oath

<<and that one

<<is not

<<trusted

<<by me

<<with an oath,

<<there is nothing

<<to object with

<<at all.

Objected

<<Rami bar Chama:

<<if he brought it up

<<to the tops of

<<cliffs

<<and it fell —

<<this is not

<<an accident,

<<and he is liable.

<<But

<<if it died

<<in its usual way —

<<this is

<<an accident

<<and he is exempt.

<<But why?

<<Let him say

<<to him:

<<the air

<<of the mountain

<<killed it,

<<or else,

<<the exhaustion

<<of the mountain

<<killed it!

Here

<<with what

<<are we dealing?

<<Where he brought it up

<<to a pasture

<<fat

<<and good.

<<If so,

<<if it fell

<<also!

<<Where it was

<<for him

<<to hold it

<<and he did not

<<hold it.

If so,

<<say

<<the first clause:

<<if it went up

<<to the tops of

<<cliffs

<<and fell —

<<this is

<<an accident;

<<he should have

<<held it!

<<It is not

<<necessary

<<except where it overpowered him

<<and went up,

<<overpowered him

<<and went down.

Rabbi Yosei said:

<<how

<<does that one

<<do

<<business

<<with the cow

<<etc.

<<Rav Yehuda said in the name of Shmuel:

<<the halachah

<<is like Rabbi

<<Yosei.

<<Rav Shmuel bar Yehuda said to Rav Yehuda:

<<you said

<<to us

<<in the name

<<of Shmuel:

<<disagreeing

<<was

<<Rabbi Yosei