Jerusalem Talmud Bava Metzia 6:6

משנה: הַמַּעֲבִיר חָבִית מִמָּקוֹם לְמָקוֹם וְנִשְׁבְּרָה בֵּין שׁוֹמֵר הִנָּם בֵּין שׁוֹמֵר שָׂכָר יִישָּׁבֵעַ. רִבִּי אֱלִיעֶזֶר אוֹמֵר זֶה וְזֶה יִשָּׁבֵעַ וְתָמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וְזֶה לְהִישָּׁבֵעַ. MISHNAH: One who transports an amphora from place to place and it breaks shall swear⁸³That it did not happen because of his negligence., whether unpaid or paid trustee. Rebbi Eliezer said, both shall swear⁸⁴This is the rule he was taught by his teachers., but I am wondering whether any of them be able to swear⁸⁵Since the paid trustee is liable whether it was his fault or not, why and about what should he swear? The unpaid trustee is not liable if he swears, but how can he be sure that nothing he did contributed to the accident?.

הלכה: הַמַּעֲבִיר חָבִית מִמָּקוֹם לְמָקוֹם כול׳. תַּנֵּי רִבִּי נְחֶמְיָה קַדָּר מְסַר קַדְרוֹי לְבַר נַשׁ תָּֽבְרִין. אָרִים גּוּלְתֵיהּ. אֲתַא גַבֵּי רִבִּי יוֹסֵי בַּר חֲנִינָה אֲמַר לֵיהּ. אֵיזִיל אֱמוֹר לֵיהּ. לְמַעַן תֵּלֵךְ בְּדֶרֶךְ טוֹבִים. אֲזַל וַאֲמַר לֵיהּ וִיהַב גּוּלְתֵיהּ. אֲמַר לֵיהּ. יְהַב לָךְ אַגְרָךְ. אֲמַר לֵיהּ. לָא. אֲמַר לֵיהּ. זִיל וֶאֱמוֹר לֵיהּ וְאָרְחוֹת צַדִּיקִים תִּשְׁמוֹר. אֲזַל וַאֲמַר לֵיהּ וִיהַב לֵיהּ אַגְרֵיהּ. HALAKHAH: “One who transports an amphora from place to place,” etc. It was stated⁸⁶Since R. Yose ben Ḥanina was a second generation Amora, this expression is inappropriate.: ⁸⁷In the Babli, 83a, the story is told about Rabba bar bar Ḥana and Rav. Its upshoot is that while the teamster who breaks something in transport is liable, if he is poor one should not insist on the letter of the law. Rebbi Nehemiah the potter gave his pots to a person who broke them. He⁸⁸R. Nehemiah the potter. The reading is confirmed by Kaftor wa-Peraḥ 44 (ed. Luncz, Jerusalem 1899, p. 615) against the opinion of S. Lieberman who here suspects a lacuna. confiscated his⁸⁹The transporter. coat. He⁸⁹The transporter. went to Rebbi Yose ben Ḥanina, who told him, go and tell him: ⁹⁰Proverbs.2.20">Prov. 2:20.“That you should go in the ways of good people.” He⁸⁹The transporter. went and told him⁸⁸R. Nehemiah the potter. The reading is confirmed by Kaftor wa-Peraḥ 44 (ed. Luncz, Jerusalem 1899, p. 615) against the opinion of S. Lieberman who here suspects a lacuna. who then returned his coat. He⁹¹R. Yose ben Ḥanina. asked him, did he⁸⁸R. Nehemiah the potter. The reading is confirmed by Kaftor wa-Peraḥ 44 (ed. Luncz, Jerusalem 1899, p. 615) against the opinion of S. Lieberman who here suspects a lacuna. pay your wages? He⁸⁹The transporter. said, no. He⁹¹R. Yose ben Ḥanina. told him, go and tell him: “And to the paths of the just you shall keep.” He⁸⁹The transporter. went and told him⁸⁸R. Nehemiah the potter. The reading is confirmed by Kaftor wa-Peraḥ 44 (ed. Luncz, Jerusalem 1899, p. 615) against the opinion of S. Lieberman who here suspects a lacuna. who then paid his wages.