Yerushalmi Bava Metzia 6:3 ירושלמי בבא מציעא ו׳:ג׳

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay³¹Even though a renter does not have to pay if the rented animal dies (Mishnah 7:9), since he “changed the terms of a contract, he is disadvantaged.”. If he rented a donkey and it developed eye trouble³²Cf. Arabic بَرِقَ “to have trouble seeing”. or it was taken to government service^32aGreek ἀγγαρεία., he tells him³³The owner tells the renter that this is a common risk which anybody working with animals has to live with; he does not have to provide him with another animal., here is your property before you. If it died or broke a limb, he has to provide him³⁴The owner has to provide the renter with a new animal. with another donkey.
Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable⁴⁹A mountain donkey can be presumed to be sure-footed. If it slipped it is not the lessee’s fault; the lessor cannot sue the lessee even
though the lessee violated the conditions of the lease.; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent⁵⁰If the donkey died of heat stroke while climbing in the mountains, the lessor can sue the lessee for the value of the donkey since the lessee violated the conditions of the lease., he is liable.
Somebody rented a cow to plough⁵¹He rented the plough with the cow. on the mountain but ploughed in the valley, if the plough’s peg⁵²The central peg with which the plough is steered; the most delicate part of the plough; cf. Berakhot 2:4, Note 206. broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable⁵³For the uneven terrain puts more stress on the steering mechanism.. To thresh legumes⁵⁴Beans or peas. but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

HALAKHAH: “Somebody who rented a donkey,” etc. One understands on the mountain, but he led it in the valley. In the valley, but he led it on the mountain? Rebbi Simeon ben Yaqim said, if it died because of the air³⁵Even though mountain air is healthier, some animals cannot stand the change in climate. In the Babli, 78a, the argument is inverted.. Rebbi Dositheos ben Yannai said, if it was bitten by a snake³⁶Which are infrequent in agricultural areas.. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, anybody who deviates from the owner’s instructions is called a robber³⁷Qiddušin 2:1, Note 70..

“If he rented a donkey and it developed eye trouble,” it was stumbling³⁸This is Rava’s explanation in the Babli, 78b.. “Or it was taken to government service.” There are Tannaїm who state, government service is like death³⁹Tosephta 7:7; in the Babli 78b this is a statement of Rav.; but there are Tannaїm who state, he tells him, here is your property before you. He who stated, government service is like death, if he⁴⁰The donkey’s owner with the government official who wants to take the donkey, to make sure the animal is returned to him after a short period. can find an accomodation; he who says, he tells him, here is your property before you, if he cannot find an accomodation.

⁴¹Tosephta 7:7; Babli 78b. For the entire paragraph cf. Tosefta kiFshutah Bava Meṣia‘ pp. 251–252.“It was stated, Rebbi Simeon ben Eleazar says, if it happened on the road, he does not have to provide him with another donkey; if it did not happen on the road, he has to provide him with another donkey.⁴²If the donkey was taken by the government while it was on the road, the owner may say to the lessee that it was his bad luck to be in the wrong place at the wrong time. But if the officials went to look in all the barns, it could not have been the lessee’s bad luck and the owner has to provide a replacement. (Explanation of R. Hananel, quoted in Tosaphot 78b. s. v.אם.)” Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: At a short-cut⁴³Latin compendiarium[iter]; cf. Berakhot 1:1, Note 36. Since the government officials found him alone on a narrow path, it is his fault that the animal was taken. he does not have to provide him with another donkey; on the king’s highway⁴⁴Greek (ὁδός) βασιλική. Since everybody walks there, the lessee is not to blame. This argument is roughly equivalent to that of Note 42. he has to provide him with another donkey. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: If he hired it from here to Lydda and it was taken into government service from here to Lydda, he does not have to provide him with another donkey⁴⁵This is a temporary inconvenience; the donkey will be available to the lessee after a short interval.; from here to Lydda and it was taken into government service from here to Tyre⁴⁶It is up to the owner, not the lessee, to go to Tyre and to reclaim his animal. The lessee cannot be left without a beast of burden for a very long time., he has to provide him with another donkey.

“If it died or broke a limb, he has to provide him with a donkey.” Rebbi Joḥanan said, if [the lessee] requested “a donkey” without specifications. But if he requested “this donkey”, [the lessor] may tell him, you wanted this one, bring it before us. Rav Ḥuna said, he⁴⁷The lessee, not the lessor is obligated to sell the carcass or the injured animal. has to deal with it on place. Rebbi Ze‘ira said, if he can get enough from his effort to lease a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey. Rebbi Ḥuna^47aIn E: Rebbi Ila. said, if the cadaver is worth enough to buy a small donkey, he does not need to provide him with another donkey. Otherwise, he has to provide him with another donkey⁴⁸The dispute between R. Ze‘ira and R. Ḥuna is quoted in the Babli, 79a, as a dispute between Samuel and Rav. Samuel and R. Ze‘ira hold that the lessee is empowered to use the proceeds for his needs within the terms of the lease; only an eventual residual would go to the lessor. Rav and R. Ḥuna hold that the receipts for the carcass or the injured animal represent capital which, therefore, has to be delivered to the lessor who for his part is required to provide a substitute animal to the lessee..