Mesorat%20hashas for Bava Metzia 3:12

הַשּׁוֹלֵחַ יָד בְּפִקָּדוֹן, בֵּית שַׁמַּאי אוֹמְרִים, יִלְקֶה בְחָסֵר וּבְיָתֵר. וּבֵית הִלֵּל אוֹמְרִים, כִּשְׁעַת הוֹצָאָה. רַבִּי עֲקִיבָא אוֹמֵר, כִּשְׁעַת הַתְּבִיעָה. הַחוֹשֵׁב לִשְׁלֹחַ יָד בְּפִקָּדוֹן, בֵּית שַׁמַּאי אוֹמְרִים, חַיָּב. וּבֵית הִלֵּל אוֹמְרִים, אֵינוֹ חַיָּב עַד שֶׁיִּשְׁלַח בּוֹ יָד, שֶׁנֶּאֱמַר (שמות כב) אִם לֹא שָׁלַח יָדוֹ בִּמְלֶאכֶת רֵעֵהוּ. כֵּיצַד. הִטָּה אֶת הֶחָבִית וְנָטַל הֵימֶנָּה רְבִיעִית, וְנִשְׁבְּרָה, אֵינוֹ מְשַׁלֵּם אֶלָּא רְבִיעִית. הִגְבִּיהָהּ וְנָטַל הֵימֶנָּה רְבִיעִית, וְנִשְׁבְּרָה, מְשַׁלֵּם דְּמֵי כֻלָּהּ:

If one "sends his hand" against a deposit, Beth Shammai say: He is "smitten" with diminution and increase [in the deposit, i.e., If one deposited with him a lamb full of wool, or pregnant, and it were shorn or gave birth after he sent his hand against it, he pays for it, its shearings, and its offspring — whereby he is smitten by its "diminution" while with him. And with "increase": If it became pregnant or wool-laden while with him, he pays it laden and pregnant, as it is now — whereby he is smitten with "increase."] And Beth Hillel say: (He pays) as at the time of being taken out from the owner's house, [if laden, laden; if "empty," "empty."] R. Akiva says: As at the time of the claim [before beth-din, it being written (Leviticus 5:24): "To whom it belongs he shall give it on the day of his guilt" — on the day he is made liable in judgment. The halachah is in accordance with Beth Hillel.] If one thinks to send his hand against a deposit [i.e., If he said before witnesses: "I shall take that man's deposit for myself"], Beth Shammai rule him liable, [it being written (Exodus 22:8): "For every d'var (lit. 'speaking') of violation" — From the time he speaks of sending his hand, he is a violator]. Beth Hillel say: He is not liable until he sends forth his hand, it being written (Exodus 22:7): "If he did not send his hand against the deposit of his neighbor." [As to "For every 'speaking' of violation," Beth Hillel expound it thus: Whence is it derived that if one told his bondsman or his messenger to send his hand against a deposit, he is liable? From: 'For every "speaking" of violation.'"] How so? [Now, Beth Hillel is being explicated. Others say: "How so?" is omitted, and an independent ruling follows.] If one inclined a jug (of wine) and took from it a revi'ith (a fourth of a log) and it broke (afterwards), he pays only a revi'ith. [For sending forth a hand does not render one liable for accidents until he pulls or lifts (the object), this effecting acquisition.] If he lifted it and took a revi'ith from it and it broke, he pays the worth of the whole. [Not necessarily "taking": for if he lifted it in order to take from it he is liable for accidents even if he took nothing from it. And if he took a revi'ith from the jug and the wine remaining in the jug turned sour thereafter, even if he did not lift the jug, he pays for all of the wine, having caused it to turn sour through his act.]

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