Talmud Yerushalmi
Yerushalmi Bava Kamma 9:4 ירושלמי בבא קמא ט׳:ד׳
Part of: Chapter 9
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משנה: נָתַן לְאוּמָּנִין לְתַקֵּן וְקִילְקְלוּ חַיָיבִין לְשַׁלֵּם. נָתַן לְחָרָשׁ שִׁידָּה תֵּיבָה וּמִגְדָּל לְתַקֵּן וְקִילְקֵל חַיָיב לְשַׁלֵּם. וְהַבַּנַּאי שֶׁקִּיבֵּל עָלָיו אֶת הַכּוֹתֶל לְסוֹתְרוֹ וְשִׁיבַּר אֶת הָאֲבָנִים אוֹ שֶׁהִזִּיק חַיָיב לְשַׁלֵּם. הָיָה סוֹתֵר מִצַּד זֶה וְנָפַל מִצַּד אַחֵר פָּטוּר וְאִם מַחֲמַת הַמַּכָּה חַיָיב.
MISHNAH: If one gave something to artisans to repair and they broke it, they are liable. If one gave a chest, a box, or a cupboard to a woodworker to repair and he broke it, he is liable. And the builder who contracted to take down a wall is liable to pay if he ruined the stones or caused damage. If he was taking it down on one side when if collapsed on the other side he is not liable, but when it happened because of the pounding he is liable.
MISHNAH: If one gave something to artisans to repair and they broke it, they are liable. If one gave a chest, a box, or a cupboard to a woodworker to repair and he broke it, he is liable. And the builder who contracted to take down a wall is liable to pay if he ruined the stones or caused damage. If he was taking it down on one side when if collapsed on the other side he is not liable, but when it happened because of the pounding he is liable.
הלכה: נָתַן לְאוּמָּנִין לְתַקֵּן וְקִילְקְלוּ כול׳. רַב הוּנָא אָמַר. וְהוּא שֶׁקָּבַע בּוֹ מַסְמֵר הָאַחֲרוֹן כְּדֵי לְזַכּוֹת לְכֵלָיו.
HALAKHAH: “If one gave something to artisans to repair and they broke it,” etc. Rav Huna said, only if he put in the last nail to acquire the rights to his utensils46The Babli, 98a, infers from the second sentence of the Mishnah, which clearly refers to existing containers given to be fixed, that the “something” given in the first sentence is raw material, given to be turned into a utensil. The question then arises whether the artisan who ruins the utensil has to pay only for the material or for the finished utensil (since the client has to find another artisan and pay the latter.) About this question, Rav Huna (in the Babli, Rav Assi) notes that the artisan is liable only for the raw material as long as he did not put in the last nail. Once the object is finished, the artisan has the right to retain it until his bill be paid. Therefore, he then holds the object under the rules of the paid trustee and is liable for damage to it (Tosephta 10:8)..
HALAKHAH: “If one gave something to artisans to repair and they broke it,” etc. Rav Huna said, only if he put in the last nail to acquire the rights to his utensils46The Babli, 98a, infers from the second sentence of the Mishnah, which clearly refers to existing containers given to be fixed, that the “something” given in the first sentence is raw material, given to be turned into a utensil. The question then arises whether the artisan who ruins the utensil has to pay only for the material or for the finished utensil (since the client has to find another artisan and pay the latter.) About this question, Rav Huna (in the Babli, Rav Assi) notes that the artisan is liable only for the raw material as long as he did not put in the last nail. Once the object is finished, the artisan has the right to retain it until his bill be paid. Therefore, he then holds the object under the rules of the paid trustee and is liable for damage to it (Tosephta 10:8)..