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Baba Metzia 3:5-6

Baba Metzia 3:5

Let’s say that there are two objects deposited with the same custodian, one worth a maneh (100 zuz) and one worth 1,000 zuz, and both owners claim the more valuable item. In such a case, the custodian of the objects gives the less-valuable item to one of them and the value of the less-valuable item deducted from the more-valuable item to the other. The balance is left until Eliyahu comes to resolve the matter. Rabbi Yosi again opines that it’s the rightful owner who is penalized, not the liar. Rather, everything should be held until Eliyahu comes.

Baba Metzia 3:6

If one person leaves produce in his another’s care, the custodian may not touch it, not even if it will go to waste. Rabban Shimon ben Gamliel says that the custodian may sell the produce under the auspices of the court, since he is like a person who returns lost property to its owner.

Author: Rabbi Jack Abramowitz