If one deposited money with his neighbor and he bound it [in his scarf] and slung it over his shoulder, [even though this is bona fide guarding, he is liable. For if one takes money deposited with him from place to place, the only valid guarding is in his hand, it being written (Deuteronomy 14:25): "And you shall bind the money in your hand" — Though it is bound, it must be in your hand. And in a house, it is guarded only in the ground. And in a wall, in the handbreadth close to the ceiling or the handbreadth close to the ground, thieves not being likely to search there. If he guarded them in any other way, he is considered derelict, and he is liable — unless he stipulated ab initio with the depositor that he accepts it only on condition that he not be liable for all of these "guardings."]; or if he gave it to his minor son or daughter, and "closed up" inadequately before them, he is liable, for he did not watch in the manner of the watchers. But if he watched in the manner of the watchers, he is not liable. [But if he gave it to grown ones, they swear that they guarded it in the manner of the watchers and they are not liable. And we do not say in such an instance that a watcher who gives to a watcher is liable. For it is customary for one to deposit with his wife or children what has been deposited with him. And one who deposits something with another does it with this understanding.]
Bartenura on Mishnah Bava Metzia
צררן – in his kerchief/scarf
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English Explanation of Mishnah Bava Metzia
If a man left money in his fellow’s keeping and his fellow bound it up and hung it over his back, or delivered it to his son or his daughter who were minors, or locked it up improperly, he is liable since he did not guard in the way of guardians. If he guarded it in the way of guardians he is exempt. This mishnah teaches how a person should guard another person’s given to him for safekeeping. He should not tie it up and put it in a bundle behind him lest a thief come and take it. He should not give it to minor children nor lock it up improperly. All of these are not the way that guardians watch other people’s objects. If he should act in such a manner and the money were to be lost he would be liable. If, however, he guarded it properly and something happened to the money, he would be exempt.
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Bartenura on Mishnah Bava Metzia
והפשילן לאחוריו – even though that this is high-level guarding, he is liable, for a person who carries deposited monies from place to place, they lack guarding other than in his hand, as it is written (Deuteronomy 14:24): “Wrap up the money (in your hand) [and take it with you to the place that the LORD your God has chosen].” Even though they are wrapped up, they will be “in your hand.” And if it is in the house, they lack [appropriate] guarding other than in the ground, or in the wall, in the handbreadth closest to the ceiling or the handbreadth closest to the ground. For it is not the manner of thieves to search there. But if he guarded it in another manner, he is negligent and liable, other than if initially, he made a condition with the depositor that for this condition he will accept the deposit, that he would not be liable for all of these forms of guardianship.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah ten: Why does the mishnah need to teach the idea of “the way of guardians”? Why not just state that the guardian is either liable or not liable? What additional information might we glean from these words?
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Bartenura on Mishnah Bava Metzia
לבנו ולבתו הקטנים – but for adults, they take an oath that they guarded in the [appropriate] manner of bailees and are exempt. But we do not say regarding this that a bailee who transferred [the object] to another bailee is liable, for it is the way of a person to entrust what has been deposited in his hand – in the hand of his wife and his children. And all who make a deposit, with the knowledge that when he deposits something, that the one commissioned will give them into the hands of his wife and/or his children.
