39 Bava Metzia 8/1-4

(1) [If] one borrows a cow and borrows the owners with it; or hires its owners with it; [or if] one borrowed the owners or hired them, and subsequently borrowed the cow, and it died, he is exempt, as is written (Exodus 22:14): “If its owner was with it no restitution need be made." But if he borrowed the cow, and subsequently borrowed the owners or hired them, and it died, he is liable, as is written (Exodus 22:13): “Its owner not being with it, he must make restitution."

(2) If one who borrowed a cow borrowed it for half a day and rented it for half a day, or borrowed it for one day and hired it for the next, or hired one and borrowed one, and it died, [if] the lender says: “The borrowed one died,” [or] “On the day when it was borrowed it died,” [or] “During the time when it was borrowed it died,” and the other one says: “I don’t know," he is liable. [If] the hirer says, “It was the hired one that died,” [or] “On the day when it was hired it died,” [or] “During the time when it was borrowed it died,” and the other says, “I do not know," he is exempt. [If] this one says, “It was [the] borrowed [one],” and this one says, “It was [the] hired [one],” the hirer should swear that it was the hired one that died. [If] this one says, “I do not know,” and this one says, “I do not know,” they should divide.

(3) [If] one borrowed a cow, and [the lender] sent it to him in the hands of his son, in the hands of his [own] slave, in the hands of his [own] agent, or in the hands of [the borrower's] son, in the hands of his slave, in the hands of an agent, and it died, he is exempt. If the borrower said to him, “Send it to me in the hands of my son,” “In the hands of my slave,” “In the hands of my agent,” or “In the hands of your son,” “In the hands of your slave,” [or] “In the hands of your agent," or if the lender said to him, “Behold, I am sending it to you in the hands of my son,” “In the hands of my slave,” [or] “In the hands of my agent,” or “In the hands of your son,” “In the hands of your slave,” “In the hands of your agent,” and the borrower said to him, “Send [it],” and he sent it and it died, he is liable. And so too at the time when he returns it.

(4) [If] one exchanged a cow for a donkey, and it gave birth, and so too [if] one sold his female slave and she gave birth: this one says, “[It was] before I sold [her],” and this one says, “After I bought [her]," they should divide. He had two slaves, one large and one small, and so too with two fields, one large and one small: The buyer says, “I bought the large one,” and the other says, “I don’t know,” he obtains the large one. The seller says, “I sold the small one,” and the other says, “I do not know,” he [can] only [claim] the small one. This one says, “It was the large one,” and the other one says, “It was the small one,” the seller must swear that he sold the small one. This one says, “I do not know,” and the other one says, “I do not know,” they should divide.