Talmud Yerushalmi
Yerushalmi Bava Kamma 2:8 ירושלמי בבא קמא ב׳:ח׳
Part of: Chapter 2
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משנה: אָדָם מוּעָד לְעוֹלָם בֵּין שׁוֹגֵג בֵּין מֵזִיד בֵּין עֵר בֵּין יָשֵׁן. סִימָּא אֶת עֵין חֲבֵירוֹ וְשִׁבַּר אֶת הַכֵּלִים מְשַׁלֵּם נֶזֶק שָׁלֵם.
MISHNAH: A human is always notorious: Whether in error, or intentionally, whether awake, or sleeping, if he blinded another person or broke vessels, he pays full damages102Irrespective of the circumstances, he pays full restitution for all possible kinds of damages..
MISHNAH: A human is always notorious: Whether in error, or intentionally, whether awake, or sleeping, if he blinded another person or broke vessels, he pays full damages102Irrespective of the circumstances, he pays full restitution for all possible kinds of damages..
הלכה: אָדָם מוּעָד לְעוֹלָם כול׳. אָמַר רִבִּי יִצְחָק. מַתְנִיתָא בְּשֶׁהָיוּ שְׁנֵיהֶם יְשֵׁינִין. אֲבָל אִם הָיָה אֶחָד מֵהֶן יָשֵׁן וּבָא חֲבֵירוֹ לִישָׁן אֶצְלוֹ זֶה שֶׁבָּא לִישָׁן אֶצְלוֹ הוּא הַמּוּעָד.
HALAKHAH: “A human is always notorious,” etc. Rebbi Isaac said: The Mishnah if both of them were sleeping103In the Rome fragment: “So is the Mishnah: if both of them were sleeping.”. But if one was sleeping and another one came to sleep near him, the one who came to sleep near him is notorious104Tosaphot (4a, s.v. כיון) quotes an expanded version: In the Yerushalmi it is noted that a person sleeping is liable only if he went to sleep near vessels, but if he was sleeping when vessels were deposited near him and he broke them, he does not have to pay because others caused the damage; similarly, if one was sleeping, another person went to sleep near him, and they injured one another, the first is free and the later one has to pay.
Since none of the ms. sources has this extended text, it may be an example of the Ashkenazic “book Yerushalmi”..
HALAKHAH: “A human is always notorious,” etc. Rebbi Isaac said: The Mishnah if both of them were sleeping103In the Rome fragment: “So is the Mishnah: if both of them were sleeping.”. But if one was sleeping and another one came to sleep near him, the one who came to sleep near him is notorious104Tosaphot (4a, s.v. כיון) quotes an expanded version: In the Yerushalmi it is noted that a person sleeping is liable only if he went to sleep near vessels, but if he was sleeping when vessels were deposited near him and he broke them, he does not have to pay because others caused the damage; similarly, if one was sleeping, another person went to sleep near him, and they injured one another, the first is free and the later one has to pay.
Since none of the ms. sources has this extended text, it may be an example of the Ashkenazic “book Yerushalmi”..