Bava Metzia 6

הַשּׂוֹכֵר אֶת הָאֻמָּנִין, וְהִטְעוּ זֶה אֶת זֶה, אֵין לָהֶם זֶה עַל זֶה אֶלָּא תַרְעֹמֶת. שָׂכַר אֶת הַחַמָּר וְאֶת הַקַּדָּר לְהָבִיא פִרְיָפְרִין וַחֲלִילִים לַכַּלָּה אוֹ לַמֵּת, וּפוֹעֲלִין לְהַעֲלוֹת פִּשְׁתָּנוֹ מִן הַמִּשְׁרָה, וְכָל דָּבָר שֶׁאָבֵד, וְחָזְרוּ בָהֶן, מְקוֹם שֶׁאֵין שָׁם אָדָם, שׂוֹכֵר עֲלֵיהֶן אוֹ מַטְעָן:

If one hired craftsmen and they misled one another, they have only "complaint" against each other. [("and they misled one another":) If one of the workers sent by the employer to hire his fellow misled them — as when the employer told him to hire each at four dinars a day, and he went and hired them at three, they have only "complaint" against him, for they accepted three; but they can say to him: Do you not subscribe to (Proverbs 3:27): "Do not withhold good from its (rightful) recipients?" Another interpretation: "and they misled one another": They backed out, not desiring to do the employer's work on his terms; or the employer backed out, as when he said to them in the morning, before they began working: "I don't want you."] If he hired an ass driver or a wagon driver to deliver piryafarin [slanted poles for making a litter] or flutes [for (mourning) a dead man or for a groom], or workers to raise his flax from the soaking vat, or for any other "perishable" thing, and they backed out — In a place where there is no man [i.e., where he cannot find other workers to hire, and the flax will go lost], he hires on their account [men at their wage, but not higher], or he deceives them [He tells them he will give them an additional zuz, but gives them only what he stipulated with them in the beginning.]

הַשּׂוֹכֵר אֶת הָאֻמָּנִין וְחָזְרוּ בָהֶן, יָדָן עַל הַתַּחְתּוֹנָה. אִם בַּעַל הַבַּיִת חוֹזֵר בּוֹ, יָדוֹ עַל הַתַּחְתּוֹנָה. כָּל הַמְשַׁנֶּה, יָדוֹ עַל הַתַּחְתּוֹנָה. וְכָל הַחוֹזֵר בּוֹ, יָדוֹ עַל הַתַּחְתּוֹנָה:

If one hired craftsmen [contractually — so much work for so much money], and they backed out [after doing part of it], they have the lower hand. [If the price of labor went up and he cannot find anyone to complete the work at what is owed the first towards its completion, he holds back from what is owing them as much as he needs for the work to be completed at the cost stipulated with the first. And if the price of labor went down, and he can find someone to complete the work for less (than what is owed the first toward its completion), he estimates what they have done and pays them as stipulated. If they did half, he gives them half pay; and they cannot say: "You have other workers to complete the job — give us all of our wage less what these take."] If the employer backs out, he has the lower hand. [He must pay them for what they have done; and if the price of labor went down, he must perforce pay them as stipulated (for the whole job) less what he must pay to complete it.] Whoever makes changes has the lower hand. [As when one gave a dyer wool to be dyed red and he dyed it black. If the improvement (in the wool) is greater than the expense, he does not give him his full wage, but only what covers the cost of wool and dyes. And if the expense is greater than the improvement, he gives him the (amount of) the improvement.] And whoever backs out has the lower hand. [This, to include one who sells his field to his neighbor for a thousand zuz, receiving two hundred in advance. If the seller backs out, the buyer has the upper hand. If he wishes, he can tell him: "Give me my money," and if he wishes, he can tell him: "Give me land for my money." And if the buyer backs out, the seller has the upper hand. If he wishes, he can tell him: "Here is your money," and if he wishes, he can tell him: "Here is land for your money."]

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.

הַשּׂוֹכֵר אֶת הַפָּרָה לַחֲרשׁ בָּהָר וְחָרַשׁ בַּבִּקְעָה, אִם נִשְׁבַּר הַקַּנְקַן, פָּטוּר. בַּבִּקְעָה וְחָרַשׁ בָּהָר, אִם נִשְׁבַּר הַקַּנְקַן, חַיָּב. לָדוּשׁ בַּקִּטְנִית וְדָשׁ בַּתְּבוּאָה, פָּטוּר, לָדוּשׁ בַּתְּבוּאָה וְדָשׁ בַּקִּטְנִית, חַיָּב, מִפְּנֵי שֶׁהַקִּטְנִית מַחֲלָקֶת:

If one hired a cow to plow on a mountain [(and all of the owner's plowing implements and his youths go with his animal and plow with it)], and he plowed in a valley — If the coulter broke, he is not liable. (If he hired it to plow in a valley) and he plowed on a mountain — if the coulter broke, he is liable, [for mountains, being rocky, are harder to plow than valleys.] To tread pulse, and it trod grain, he is not liable [if it slipped]. To tread grain, and it trod pulse, he is liable, for pulse is slippery.

הַשּׂוֹכֵר אֶת הַחֲמוֹר לְהָבִיא עָלֶיהָ חִטִּים וְהֵבִיא עָלֶיהָ שְׂעֹרִים, חַיָּב. תְּבוּאָה וְהֵבִיא עָלֶיהָ תֶבֶן, חַיָּב, מִפְּנֵי שֶׁהַנֶּפַח קָשֶׁה לַמַּשְּׂאוֹי. לְהָבִיא לֶתֶךְ חִטִּים וְהֵבִיא לֶתֶךְ שְׂעֹרִים, פָּטוּר. וְאִם הוֹסִיף עַל מַשָּׂאוֹ, חַיָּב. וְכַמָּה יוֹסִיף עַל מַשָּׂאוֹ וִיהֵא חַיָּב. סוּמְכוֹס אוֹמֵר מִשּׁוּם רַבִּי מֵאִיר, סְאָה לְגָמָל, שְׁלשָׁה קַבִּין לַחֲמוֹר:

If one hires an ass to carry wheat and it carried barley, [which is lighter than wheat], he is liable [for damages if he added three kabin. We do not say that since barley is lighter, he can add until the weight of a letech of wheat (the carrying weight of an ass)]. (If one hires an ass to carry) grain and it carried straw, he is liable. For "volume" is as difficult [for an animal to carry] as a burden. [Even though it does not weigh as much as wheat, its volume is the same, and volume is like weight.] To carry a letech of wheat (half a kor. A kor is thirty sa'ah], and it carried a letech of barley, he is not liable. And if he added to its burden, he is liable. How much must he add to its burden to be liable? Somchos says in the name of R. Meir: A sa'ah to a camel; three kabin to an ass. [The halachah is in accordance with Somchos. If he added less than this amount, he is not liable if the ass were injured, and he pays for the additional amount alone.]

כָּל הָאֻמָּנִין, שׁוֹמְרֵי שָׂכָר הֵן. וְכֻלָּן שֶׁאָמְרוּ, טֹל אֶת שֶׁלְּךָ וְהָבֵא מָעוֹת, שׁוֹמֵר חִנָּם. שְׁמֹר לִי וְאֶשְׁמֹר לָךְ, שׁוֹמֵר שָׂכָר. שְׁמֹר לִי, וְאָמַר לוֹ הַנַּח לְפָנָי, שׁוֹמֵר חִנָּם:

All craftsmen [(contractors, who undertake to do a job in their homes)] are hired watchers. [They are liable for theft and loss (of the vessels entrusted with them). For by reason of the benefit of being able to hold them as security for payment, they become hired watchers over them.] And all of them who say: "Take what is yours [For I have already finished my work and I am not holding it as security], and [after you take it], bring money" — [From that time on,] he is an unpaid watcher. (If one says to another:) "Watch (this) for me [today], and I will watch for you" [tomorrow], he is a hired watcher. [But if he says: "Watch this for me, and I will watch that for you in its place," both (watching) at the same time, this is called "watching with the owner" (see Exodus 22:14), and he is not liable.] (If one said:) "Watch (this) for me," and the other said: "Put it down before me," he is an unpaid watcher. [But if he just said: "Put it down before you," or merely: "Put it down," he is not even an unpaid watcher, not having undertaken to watch it at all.]

הִלְוָהוּ עַל הַמַּשְׁכּוֹן, שׁוֹמֵר שָׂכָר. רַבִּי יְהוּדָה אוֹמֵר, הִלְוָהוּ מָעוֹת, שׁוֹמֵר חִנָּם. הִלְוָהוּ פֵּרוֹת, שׁוֹמֵר שָׂכָר. אַבָּא שָׁאוּל אוֹמֵר, מֻתָּר אָדָם לְהַשְׂכִּיר מַשְׁכּוֹנוֹ שֶׁל עָנִי לִהְיוֹת פּוֹסֵק עָלָיו וְהוֹלֵךְ, מִפְּנֵי שֶׁהוּא כְּמֵשִׁיב אֲבֵדָה:

If one lends another on a pledge, he (the lender) is a hired watcher, [whether he lent him and then took the pledge, or took the pledge and then lent him. And what is his "benefit"? The reward of a mitzvah.] R. Yehudah says: If he lent him money, he is an unpaid watcher, [R. Yehudah holding "the reward of a mitzvah" not to be relevant in this regard]; if he lent him fruits, he is a hired watcher, [for fruits tend to rot (and his "benefit" is anticipating fresh fruit in return). The halachah is not in accordance with R. Yehudah.] Abba Shaul says: One is permitted to rent out [to others] a poor man's pledge [entrusted with him], to set [its rental fee] and progressively [deduct from the poor man's) debt.], for it is as if he returns a lost object (to the poor man). [And this, only with a pledge whose rental is high and its depreciation (through use) low, such as hoe or spade, and the like. And this is the halachah.]

הַמַּעֲבִיר חָבִית מִמָּקוֹם לְמָקוֹם וּשְׁבָרָהּ, בֵּין שׁוֹמֵר חִנָּם בֵּין שׁוֹמֵר שָׂכָר, יִשָּׁבַע. רַבִּי אֱלִיעֶזֶר אוֹמֵר, זֶה וְזֶה יִשָּׁבַע, וְתָמֵהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִשָּׁבֵעַ:

If one carries a jug from place to place and it breaks, whether he is an unpaid watcher or a hired watcher, he must swear. [Presumably, he swears that he was not derelict, and he is not liable.] R. Eliezer says: This one and that one swear. And I wonder if this one and that one can swear. [That is, I, too, heard from my teachers, like R. Meir, that each one swears. But I wonder in respect to both. How can they exempt themselves with an oath? How can a hired watcher exempt himself with an oath that he was not derelict? Even without being derelict he is also liable. For this (the breaking of the jug) is not an (outright) accident, but comparable to theft and loss, which are close to dereliction and accident. What is more, if it broke in a place which was not on a slant, how could even an unpaid watcher swear that he was not derelict? He certainly was! And R. Meir holds that this oath is not prescribed by law, but is a rabbinic ordinance. For if one carrying a jug from place to place were not absolved of payment by such an oath, no one would carry a jug for his neighbor from place to place. Therefore, they ordained that he swear that he did not deliberately break it, and he exempts himself.]