Is a shepherd liable for livestock that perish?

Primary text

If the employment of a shepherd is established, he bears no liability for livestock that perishes unless there is aggression or negligence (*ta'addi*). This is the established view, as the shepherd is a trustee responsible for safekeeping and should not be liable without transgression, similar to a depositee. Furthermore, the livestock is a physical entity held under the contract of lease, and thus its liability without aggression is similar to a hired physical object. Liability is incurred without dispute for anything that perishes due to his transgression, such as sleeping while the animals are grazing, being inattentive, allowing them to stray far, losing sight or custody of them, striking them excessively, striking them in an improper place, striking them without need, or leading them through a path where they become exposed to perishing. In such cases of proven negligence or aggression, the shepherd is liable, as the item perished due to his wrongful act, making him responsible like a depositee who transgresses.