Talmud Yerushalmi
Yerushalmi Bava Kamma 10:4 ירושלמי בבא קמא י׳:ד׳
Part of: Chapter 10
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משנה: זֶה בָא בְחָבִיתוֹ שֶׁל יַיִן וְזֶה בָא בְכַדּוֹ שֶׁל דְּבַשׁ. נִסְדְּקָה חָבִית שֶׁל דְּבַשׁ וְשָׁפַךְ זֶה אֶת יֵינוֹ וְהִצִּיל אֶת הַדְּבַשׁ לְתוֹכָהּ אֵין לוֹ אֶלָּא שְׂכָרוֹ. אִם אָמַר אַצִּיל אֶת שֶׁלָּךְ וְאַתָּה נוֹתֵן לִי דְמֵי שֶׁלִּי חַיָיב לִיתֵּן לוֹ.
MISHNAH: One comes with his amphora of wine, the other comes with his jug of honey. If the amphora52Cf. Chapter 3, Note 2. of honey sprang a leak, if the other one poured out his wine and saved the honey into it, he only has his wages53For the work, not for the lost wine.. But if he said, I shall save yours if you pay me the value of mine, he54If the owner of the more valuable merchandise agreed, he has to keep the terms of this oral contract. is liable to pay him.
MISHNAH: One comes with his amphora of wine, the other comes with his jug of honey. If the amphora52Cf. Chapter 3, Note 2. of honey sprang a leak, if the other one poured out his wine and saved the honey into it, he only has his wages53For the work, not for the lost wine.. But if he said, I shall save yours if you pay me the value of mine, he54If the owner of the more valuable merchandise agreed, he has to keep the terms of this oral contract. is liable to pay him.
הלכה: זֶה בָא בְחָבִיתוֹ שֶׁלְּיַיִן כול׳. תַּנֵּי. שְׁנַיִם בַּמִּדְבָּר בְּיַד זֶה חָבִית מַיִם וּבְיַד זֶה חָבִית דְּבַשׁ. נִסְדַּק חָבִית מַיִם. תְּנַיי בֵּית דִּין הוּא שֶׁיִּשְׁפּוֹךְ זֶה דִבְשׁוֹ וְיַצִּיל אֶת מֵימָיו. שֶׁהַמַּיִם מְחַיֶיה בַמִּדְבָּר וְלֹא הַדְּבַשׁ. תַּנֵּי. פּוֹעֵל וְעָנִי שֶׁעָלוּ לְרֹאשׁ אִילָּן וְשִׁיבְּרוּ סוֹכָה. בִּזְמַן שֶׁדֶּרֶךְ פּוֹעֲלִין לַעֲלוֹת בָּאִילָּן פְּטוּרִין. וְאִם לָאו חַיָיבִין.
HALAKHAH: “One comes with his amphora of wine,” etc. It was stated55Tosephta 10:28. The Tosephta adds: “When they come to an inhabited area, [the owner of the water] has to pay the value of the honey.” There is not much reason to believe that this or a similar text is understood in the Yerushalmi’s baraita; cf. Tosefta kiFshutah Neziqin p. 56.: “Two people are in the desert; in the hand of one is an amphora of water, in the other’s hand an amphora of honey. If the water amphora springs a leak it is a stipulation of the court that the other pour out his honey in order to save the water since water sustains life in the desert but not honey.” It was stated56Tosephta 10:29. About the dangers and rules of the poor climbing trees to claim their peah, cf. Peah 4:1.: “If a worker and a poor man climbed on a tree and broke a branch; if workers are supposed to climb the tree they are not liable, otherwise they are liable.”
HALAKHAH: “One comes with his amphora of wine,” etc. It was stated55Tosephta 10:28. The Tosephta adds: “When they come to an inhabited area, [the owner of the water] has to pay the value of the honey.” There is not much reason to believe that this or a similar text is understood in the Yerushalmi’s baraita; cf. Tosefta kiFshutah Neziqin p. 56.: “Two people are in the desert; in the hand of one is an amphora of water, in the other’s hand an amphora of honey. If the water amphora springs a leak it is a stipulation of the court that the other pour out his honey in order to save the water since water sustains life in the desert but not honey.” It was stated56Tosephta 10:29. About the dangers and rules of the poor climbing trees to claim their peah, cf. Peah 4:1.: “If a worker and a poor man climbed on a tree and broke a branch; if workers are supposed to climb the tree they are not liable, otherwise they are liable.”