Bava Batra

such as where [the shopkeeper] took [the bottle]  to measure with it, [and by this action,  he becomes responsible] In accordance with [a decision of] Rabbah.  For Rabbah said:  [If] he  struck [a lost animal], he assumed [thereby] the obligation of [returning] it [to its owner].  Might it not be suggested that Rabbah said [so, only] in [the case of] living beings, because he [who strikes them] assists  in their running away.  Would he, [however], have said [so in] such a case as this?  — But, said Raba, I and the lion of the college — who is R. Zera — have interpreted this [as follows]: We deal here with a case where [the shopkeeper] took [the bottle] to use it as a measure for others;  and the dispute [between the Rabbis and R. Judah] is [dependent] on [their respective opinions as to the legal status of] one who borrows without the knowledge [of the owner].  One  is of the opinion [that such a person] is [legally considered] a borrower,  and the others  are of the opinion [that] he is a robber. Reverting to the above text. Samuel said: 'He who takes a vessel from the artisan to examine it, and an accident happened [while it was] in his hand, is liable'. This law  [applies only to the case] where the price had been fixed. Once a person entered a butcher's shop [and] lifted up a thigh of the meat.  A rider came while he was holding it up [and] snatched it away from him. He  came before R. Yemar [who] ordered him to pay its price. But this law  is [applicable only to the case] where the price has been fixed. A person once brought pumpkins to Pum Nahara,  [when] a crowd  assembled [and] everyone took  a pumpkin.  He called out to them,  'Behold these are dedicated to God'.  [When] they [the buyers] came before R. Kahana he said unto them: No one may dedicate a thing which is not his. But this [applies only to the case] where the price is fixed, but [when] the price is not fixed, they remain in the possession of their owner who may rightly dedicate them. Our Rabbis taught: A person, [who comes] to buy herbs in the market, and picks out and puts down, even all day long, does not acquire possession [of the herb] nor does he become liable to give [its] tithe. [If] he has made up his mind to buy it, he acquires possession and becomes liable to give the tithe. [If he desires to withdraw,] he cannot return it [to the seller], for it has become liable to the tithe;  and he cannot tithe it [before returning] because he would thereby reduce their value.  How then [is he to proceed]? — He gives the tithe and [returning the remainder] pays [to the seller] the price of the tithe. Does one, then, acquire possession and become liable to give tithe because he has made up his mind to buy? — R. Hoshaia replied: We deal here with [the case of] a God-fearing man like R. Safra,  for instance, who applied to himself, And speaketh truth in his heart. MISHNAH. A WHOLESALE DEALER  MUST CLEAN  HIS MEASURES ONCE IN THIRTY DAYS, AND A PRODUCER  ONCE IN TWELVE MONTHS.  R. SIMEON B. GAMALIEL SAYS: THE STATEMENT IS TO BE REVERSED.  A SHOPKEEPER MUST CLEAN HIS MEASURES TWICE A WEEK,  WIPE HIS WEIGHTS  ONCE A WEEK AND CLEANSE THE SCALES AFTER EVERY WEIGHING.  R. SIMEON B. GAMALIEL SAID: THESE LAWS APPLY ONLY TO MOIST  [COMMODITIES], BUT IN [THE CASE OF] DRY [ONES]  THERE IS NO NEED [FOR THE CLEANING].