cellio | daf bit: Bava Metzia 43-44

The chapter on bailees (who hold deposits for others) concludes with this mishna: if a man says he intends to make use of a bailment, Beit Shammai says he is responsible for any accidental damage. Beit Hillel, however, says he is responsible only for accidents from the time he actually makes use of it; intention isn't enough to confer liability. For proof Beit Hillel points to Sh'mot 22:7, "the master...shall be brought to the judges, to see whether he had put his hand unto his neighbor's goods -- put his hand, not talked about putting.

The mishna continues: if he is entrusted with a barrel of wine and he tilts the barrel to take a revii of wine (that's about a glass's worth), and later the barrel is broken, he must pay only for the revii. But if he lifts the barrel and then takes the revii and then it breaks, he is liable for the entire barrel. This is because lifting -- that is, physically moving -- an item is one way to transfer ownership. But the g'mara raises some questions about this and says teiku, we leave it for Eliyahu to sort out when he comes. (43b-44a)

Today's daf is 45.