Related%20passage for Bava Metzia 6:3

הַשּׂוֹכֵר אֶת הַחֲמוֹר לְהוֹלִיכָהּ בָּהָר וְהוֹלִיכָהּ בַּבִּקְעָה, בַּבִּקְעָה וְהוֹלִיכָהּ בָּהָר, אֲפִלּוּ זוֹ עֶשֶׂר מִילִין וְזוֹ עֶשֶׂר מִילִין, וָמֵתָה, חַיָּב. הַשּׂוֹכֵר אֶת הַחֲמוֹר וְהִבְרִיקָה, אוֹ שֶׁנַּעֲשֵׂית אַנְגַּרְיָא, אוֹמֵר לוֹ הֲרֵי שֶׁלְּךָ לְפָנֶיךָ. מֵתָה אוֹ נִשְׁבְּרָה, חַיָּב לְהַעֲמִיד לוֹ חֲמוֹר. הַשּׂוֹכֵר אֶת הַחֲמוֹר לְהוֹלִיכָהּ בָּהָר וְהוֹלִיכָהּ בַּבִּקְעָה, אִם הֶחֱלִיקָה, פָּטוּר, וְאִם הוּחַמָּה, חַיָּב. לְהוֹלִיכָהּ בַּבִּקְעָה וְהוֹלִיכָהּ בָּהָר, אִם הֶחֱלִיקָה, חַיָּב, וְאִם הוּחַמָּה, פָּטוּר. אִם מֵחֲמַת הַמַּעֲלָה, חַיָּב:

If one hired an ass to lead it on a mountain and he led it in a valley; in a valley, and he led it on a mountain — Even if this (distance) were ten mil and that ten mil, and it died, he is liable. [If he led it on top of the mountain, even if the road were smooth and straight, he is liable if it died because of the (rarefied) atmosphere, not having slipped and not having become overheated. For since he deviated (from the stipulated condition), he (the owner) can tell him: "It died only because it was not used to mountain air," or (as the case may be) "It was not used to the atmosphere of the valley." And for this reason no distinction is made between slipping and becoming overheated, as it is below.] If one rented an ass and it were blinded by a cataract [Another interpretation: and its legs became worm-eaten], or it were seized [for the king's service], he (the owner) may say to him: "Here is yours (i.e., what you hired) before you." [This, only when he said to him: "This ass," and he had hired it for (bearing) a load. But if he had hired it for riding, even if he had said: "This ass," he cannot tell him: "Here is yours before you," lest it fall under him on a bridge or throw him into a pit. Likewise, if he hired out an ass, unqualified (by "This"), even for a load, he cannot say to him: "Here is yours before you," but he must provide him with a different animal. And if he does not, he (the one who hired it) need not pay him anything for all the distance that it went with him.] If it died or (its leg) were broken, he is liable to provide him with an ass. [The owner must sell the hide and the carcass for dogs and add money to provide him with an ass, or he must hire another ass for him with the money (he received) for the carcass. For it is "this" ass that he committed himself for — or he must return his hire.] If one hired an ass to lead it on a mountain and he led it in a valley, if it slipped, he is not liable, [for it would have been more likely to slip on a mountain top, which is steep], and if it became overheated he is liable, [for a valley generates heat, being surrounded by mountains and "shut off" from air.], and if it became overheated [by climbing a mountain], he is liable, [the ascent having caused it. And he had deviated (from the stipulated condition) by leading it up a mountain.] (If he hired an ass) to lead it in a valley and he led it on a mountain, if it slipped, he is liable; if it became overheated, he is not liable. If (it became overheated) because of the ascent, he is liable.

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