Talmud Yerushalmi
Yerushalmi Bava Metzia 3:7 ירושלמי בבא מציעא ג׳:ז׳
Part of: Chapter 3
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: הַמַּפְקִיד מָעוֹת אֵצֶל חֲבֵירוֹ צְרָרָן וְהִפְשִׁילָן לַאֲחוֹרָיו אוֹ שֶׁמְּסָרָן לִבְנוֹ אוֹ לְבִתּוֹ הַקְּטַנִּים וְנָעַל בִּפְנֵיהֶן שֶׁלֹּא כָרָאוּי חַיָיב שֶׁלֹּא שָׁמַר כְּדֶרֶךְ הַשּׁוֹמְרִין וְאִם שָׁמַר כְּדֶרֶךְ הַשּׁוֹמְרִים פָּטוּר.
MISHNAH: If somebody deposits coins with another person who binds them together and carries them on his back69Where they are easily stolen. or gives them to his underage son or daughter, or locks them insufficiently, he is liable because he did not take care the way people take care. But if he took care the way people take care, he is not liable70Taking care of money is no different from taking care of any other object. If his care would have been enough for a vessel, it is enough for coins..
MISHNAH: If somebody deposits coins with another person who binds them together and carries them on his back69Where they are easily stolen. or gives them to his underage son or daughter, or locks them insufficiently, he is liable because he did not take care the way people take care. But if he took care the way people take care, he is not liable70Taking care of money is no different from taking care of any other object. If his care would have been enough for a vessel, it is enough for coins..
הלכה: הַמַּפְקִיד מָעוֹת אֵצֶל חֲבֵירוֹ כול׳. אָמַר רִבִּי יוֹסֵי. וְתִשְׁמַע מִינָּהּ. בַּר נַשׁ דִּיהַב לְחַבְרֵיהּ פליטורין בַּשּׁוּקָא. מְסָרָן לִבְנוֹ וּבִתּוֹ הַקְּטַנִּים נִגְנְבוּ אוֹ אָבְדוּ פָּטוּר מִלְּשַׁלֵּם. שֶׁאֲנִי אוֹמֵר. לֹא עַל דַּעַת פליטורין בַּשּׁוּק.
HALAKHAH: “If somebody deposits coins with another person,” etc. Rebbi Yose said: One understands from this that in case a man gave plyṭvryn71E reads first פליסורין, then כליסורין. The first reading is supported by the text quoted by Menaḥem di Lonzano. S. Lieberman reads this as Greek κλυστήριον, “a clyster”, which fits the context. The explanations proposed by earlier commentators are not reasonable. to another in the market place and that one handed it over to his underage son or daughter, if they were stolen or lost he is not liable since I say that nobody is in the market place because of plyṭvryn72If private matters are handed over by the depositor in an inappropriate manner, the trustee is not required to behave appropriately..
HALAKHAH: “If somebody deposits coins with another person,” etc. Rebbi Yose said: One understands from this that in case a man gave plyṭvryn71E reads first פליסורין, then כליסורין. The first reading is supported by the text quoted by Menaḥem di Lonzano. S. Lieberman reads this as Greek κλυστήριον, “a clyster”, which fits the context. The explanations proposed by earlier commentators are not reasonable. to another in the market place and that one handed it over to his underage son or daughter, if they were stolen or lost he is not liable since I say that nobody is in the market place because of plyṭvryn72If private matters are handed over by the depositor in an inappropriate manner, the trustee is not required to behave appropriately..
מָתַי אָמְרוּ. שׁוֹמֵר חִנָּם נִשְׁבַּע וְיוֹצֵא. בִּזְמַן שֶשִּׁימֵּר כְּדֶרֶךְ הַשּׁוֹמְרִין. נָעַל כָּרָאוּי קָשַׁר כָּרָאוּי נָתְנָן בָּאֲפוּנְדָּתוֹ צְרָרָן בְּסַדִּינוֹ וְהִשְׁלִיכָן לְפָנָיו. נְתָנָן בְּשִׁידָּה וּבְתֵיבָה וּבְמִגְדָּל. נִגְנְבוּ אוֹ אָבְדוּ חַיָיב בִּשְׁבוּעָה וּפָטוּר מִלְּשַׁלֵּם. וְאִם יֵשׁ עֵדִים שֶׁעָשָׂה כֵן אַף מִשְּׁבוּעָה פָטוּר. נָעַל שֶׁלֹּא כָרָאוּי קָשַׁר שֶׁלֹּא כָרָאוּי הִפְשִׁילָן לַאֲחוֹרָיו נְתָנָן בְּרֹאשׁ גַּגּוֹ וְנִגְנְבוּ חַיָיב לְשַׁלֵּם. נְתָנָן בְּמָקוֹם שֶׁנּוֹהֵג לִיתֵּן שֶׁלּוֹ אִם הָיָה רָאוּי לִשְׁמִירָה פָטוּר וְאִי לֹא חַיָיב.
When did they say that the unpaid trustee swears and is absolved? If he took care of it the way caretakers do: He locked as he should, tied as he should, put it into his money-belt73E reads instead of באפונדתו (from the Latin funda “money belt”) באפר אפורין which S. Lieberman reads as Greek παράφορον “loose belt”., tied it into his poncho and kept it in front of him, put it into a cupboard, a chest, or a safety box; if they were stolen or lost he is required to swear but not liable to pay73aThe unpaid trustee does not swear automatically if the object entrusted to him is lost; the judges have to find that he is entitled to swear.. If there are witnesses that he did so, he even is freed from the oath. He locked carelessly, tied carelessly, put it on his back74E has an addition: “He hung it outside his money-belt, tied it into his scarf and put it on his back.”, left it on his roof; if it was stolen he is liable for payment. If he put it at a place where he usually keeps his own things, if it was kept safe as it should have been he is not liable, otherwise he is liable75A person careless with his own belongings is not absolved from liability if he proves that he treated others’ property no worse than his own..
When did they say that the unpaid trustee swears and is absolved? If he took care of it the way caretakers do: He locked as he should, tied as he should, put it into his money-belt73E reads instead of באפונדתו (from the Latin funda “money belt”) באפר אפורין which S. Lieberman reads as Greek παράφορον “loose belt”., tied it into his poncho and kept it in front of him, put it into a cupboard, a chest, or a safety box; if they were stolen or lost he is required to swear but not liable to pay73aThe unpaid trustee does not swear automatically if the object entrusted to him is lost; the judges have to find that he is entitled to swear.. If there are witnesses that he did so, he even is freed from the oath. He locked carelessly, tied carelessly, put it on his back74E has an addition: “He hung it outside his money-belt, tied it into his scarf and put it on his back.”, left it on his roof; if it was stolen he is liable for payment. If he put it at a place where he usually keeps his own things, if it was kept safe as it should have been he is not liable, otherwise he is liable75A person careless with his own belongings is not absolved from liability if he proves that he treated others’ property no worse than his own..