Bava Metzia

'All who deposit do so with the understanding that the wife and children [of the depositary may be entrusted with the bailment].' Shall we say to his mother, 'Go and pay:' she can plead, 'He did not tell me that it [the money] was not his own, that I should bury it.' Shall we say to him, 'Why did you not tell her?'  he can argue, 'If I told her it was mine, she was the more likely to guard it well.' But, said Raba, he must swear that he had entrusted that money to his mother, and his mother must swear that she had placed that money in her work basket, and it was stolen. Then he [the bailee] is free. A certain steward for orphans  bought an ox on their behalf and entrusted it to a herdsman. Having no molars or [front] teeth to eat with, it died.  Said Rami b. Hama: What verdict shall judges give in this case? Shall we say to the steward, 'Go and pay:' he can reply, 'I entrusted it to the herdsman.'  Shall we say to the herdsman, 'Go and pay:' he can plead, I put it together with the other oxen and placed food before it: I could not know that it was not eating! [But, why not] consider [the fact that] the herdsman was a paid keeper of the orphans, and as such should have made careful observation? — Had the orphans suffered loss, it would be even so. But we treat here of a case where the orphans suffered no loss, because the [first] owner of the ox was found and they received their money back from him.  Then who is the plaintiff? — The owner of the ox, who pleads that he [the steward] should have informed him. But what was he to inform him? He knew full well that it was a sale under false pretences! — He [the owner of the ox] was a middleman, who buys here and sells there.  Therefore [rules Rami] he [the middleman] must swear that he did not know [of the animal's toothless condition], and the herdsman must pay at the cheap price of meat. A certain man deposited hops with his neighbour, who himself also had a pile thereof. Now, he instructed his brewer, 'Take  from this pile;' but he went and took from the other. Said R. Amram: What verdict shall the judges give in this case? Shall they say to him, 'Go and pay:' he can plead. 'I said to him, "Take from this [pile]."' Shall we say to the brewer, 'Go and pay'? He can argue, 'He did not say to me, "Take from this [pile] but not from that."' But if he [the brewer] tarried sufficient time to bring him [his own hops], yet did not do so,  then he [the bailee] revealed his mind that he was pleased therewith!  — There was no tarrying. Yet after all, what loss is there: did he [the depositary] not benefit thereby?  — Said R. Samma, son of Raba: The beer turned into vinegar.  R. Ashi said: The reference is to thorns,