Reference for Bava Metzia 3:9
הַמַּפְקִיד חָבִית אֵצֶל חֲבֵרוֹ, וְלֹא יִחֲדוּ לָהּ הַבְּעָלִים מָקוֹם, וְטִלְטְלָהּ וְנִשְׁבְּרָה, אִם מִתּוֹךְ יָדוֹ נִשְׁבְּרָה, לְצָרְכּוֹ, חַיָּב, לְצָרְכָּהּ, פָּטוּר. אִם מִשֶּׁהִנִּיחָהּ נִשְׁבְּרָה, בֵּין לְצָרְכּוֹ בֵּין לְצָרְכָּהּ, פָּטוּר. יִחֲדוּ לָהּ הַבְּעָלִים מָקוֹם, וְטִלְטְלָהּ וְנִשְׁבְּרָה, בֵּין מִתּוֹךְ יָדוֹ וּבֵין מִשֶּׁהִנִּיחָהּ, לְצָרְכּוֹ, חַיָּב, לְצָרְכָּהּ, פָּטוּר:
If one deposited a jug with his neighbor and the owner did not designate a place for it [in the house of the watcher, saying: "Lend me this corner"], and he (the watcher) moved it and it were broken — If it were broken (by falling) from his hand: If (he moved it) for his need, [i.e., to use it], he is liable; for its need, [it being in a place where it was likely to be broken], he is not liable. If it were broken after he put it down, whether for his need or for its need, he is not liable. [If after using it he put it in a guarded place, whether he had moved it in the beginning for his need or for its need, he is not liable. For we say that when he returns it (to its place), it is in the domain of the owner as before, and his status is that of an unpaid watcher, who is not liable for accidents, even though he did not apprise the owner, saying: "I took it and returned it." The first part of the Mishnah is in accordance with R. Yishmael, who says that if one steals a lamb from the flock and returns it to its place, he is not liable, it not being necessary to apprise the owner. As to "and the owner does not designate a place for it," this is a "Not only" construction, i.e.: Not only when the owner designates a place for it, and he returns it to its designated place after using it for his need is he not liable even if he did not apprise the owner, having returned it to its designated place — but even when the owner does not designate a place for it, there being no special place for it, if he returns it he is not liable, having returned it to a guarded place, it not being necessary to apprise the owner.] If the owner designated a place for it, and he moved it and it were broken, whether from his hand or after having put it down — If for his need, he is liable; if for its need, he is not liable. [This latter part (of the Mishnah) is in accordance with R. Akiva, who says that if one steals a lamb from the flock and returns it to its place and it met with mishap, he is always liable unless he had apprised the owner that he had stolen and returned it. The same applies after he had used it for his need and become a thief in respect to it — Even if he puts it down in a guarded place, he is liable. As to its being stated in this latter part: "If the owner designates a place for it," this is a "Not only" construction, i.e.: Not only when he does not designate a place is he liable when he puts it down after using it for his need, not having put it down in a place designated for it; but even when he designates a place and he puts it down again in that place, he is liable, it being necessary to apprise the owner. The first part (of the Mishnah) is in accordance with R. Yishmael, and the second part, with R. Akiva. Thus is it construed in the Gemara.]
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