Bava Batra 88A

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Text Excerpt

כגון שנטלה למוד בה, וכדרבה ⁠– דאמר רבה: הכישה ⁠– נתחייב בה.

The Mishnah is referring to a case where the storekeeper took the jug from the child in order to measure with it for him, and because he took it in his hands, he is liable in the event of an accident, in accordance with the opinion of Rabba. As Rabba says: With regard to the obligation to return lost animals, even in a case where the finder is exempt from caring for the animal and returning it to its owner, e.g., if he is an elderly person and it is beneath his dignity, if he struck the animal in order to lead it, then he becomes obligated to return it. Likewise, the Rabbis here maintain that the storekeeper’s action renders him liable for the jug.

אימור דאמר רבה ⁠– בבעלי חיים, דאנקטינהו ניגרא ברייתא; כי האי גונא מי אמר?!

The Talmud asks: You can say that Rabba says his statement with regard to animals, as the finder taught them to take steps away, i.e., he worsened the situation, as he causes them to stray even further from their owner. Nevertheless, in a case like this, where the storekeeper took the jug from the child, did Rabba say that the storekeeper is liable? The storekeeper’s action does not make it any more likely that the jug will break.

אלא אמר רבא: אני וארי שבחבורה תרגימנוה ⁠– ומנו? רבי זירא; הכא במאי עסקינן ⁠– כגון שנטלה למוד בה לאחרים.

Rather, Rava said: I and the lion of the group explained it. And who is this great Sage, referred to as a lion? It is R' Zeira, and the explanation is as follows: Here we are dealing with a case where the storekeeper took the jug from the child in order to measure with it for others, without the knowledge of the father.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.