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Baba Metzia 6:2-3

Baba Metzia 6:2

If a person hired craftsmen and they reneged, they are at a legal disadvantage. If the employer reneged, he is at the disadvantage. Whoever makes a change or reneges on an agreement is the party at a disadvantage.

Baba Metzia 6:3

If a person hired a donkey to drive in the hills but he ended up driving it in a valley, or vice versa, he is liable to pay for it (in the event of its death) even if he only drove it the agreed-upon distance. If a person hired a donkey and it went blind or was commandeered by the authorities, the owner can tell the renter, “There it is!” (i.e., the owner is not required to provide him with a replacement). If the donkey died or broke a limb, the owner must provide the renter with a replacement. If he hired a donkey to drive in the hills but he ended up driving it in a valley, he is exempt if the donkey slips but liable if it overheats (i.e., he is only liable for injuries that are related to the change of venue). If he hired it to drive in a valley but he ended up driving it in the hills, he is liable if it slips but exempt if it overheats. If it overheats from the exertion of climbing the hill, then the renter is liable.

Author: Rabbi Jack Abramowitz