Baba Metzia 3:11-12

Baba Metzia 3:11

Let’s say that a person leaves money for safekeeping with a money changer. If the cash is tied up, the money changer may not use it. (This makes the money changer an unpaid custodian.) Therefore, if the money is lost, the money changer is not responsible for it. If the cash is loose, the money changer may use it. (This effectively makes him a paid custodian.) Therefore, if the money is lost, the money changer is responsible for it. If a home owner is watching the money, he may not use it whether it is tied up or loose, so if the money is lost, he is not responsible for it. Rabbi Meir says that a shopkeeper is like a home owner but Rabbi Yehuda says that a shopkeeper is like a money changer.

Baba Metzia 3:12

If a person lays hands on property he is guarding, this makes him the equivalent of a thief (and liable for all forms of damage). Beis Shammai say that he must pay for whatever the property is worth regardless of whether it goes down or up in value. Beis Hillel say that he is only responsible for the property as it was at the time he took possession. Rabbi Akiva says he is responsible for what the property is worth at the time the owner sues him over it. If the guardian intends to lay hands on property he is watching, Beis Shammai says he is liable; Beis Hillel say that one is not liable until he actually lays hands on it as per Exodus 22:7, “that he did not lay hands on his neighbor’s property.” Therefore, if the custodian is watching a barrel of wine and he tilts it to pour himself a reviis (a measure of volume) and the barrel later breaks, he must only pay for the reviis that he took (which is all he took possession of). If he picks up the barrel to take a reviis and it later breaks, he must repay the entire value (because he took possession of the whole thing).