Hillel and Shammai on Intent Versus Act in Breach of Trust

Yalkut Shimoni on Torah 346:9

Curated by Arthur·Told by Maggid·

"For any matter of trespass" — any matter of negligence. (This is written in remez 281.) One who merely intends to lay a hand on a deposit: Beit Shammai hold him liable, and Beit Hillel say he is not liable until he actually lays a hand upon it. From where are these matters derived? As the Rabbis taught: "For any matter of trespass" — Beit Shammai say: this teaches that one is liable for the intention as for the deed. And Beit Hillel say: he is not liable until he lays a hand upon it, as it is said "if he has not laid his hand" (Exodus 22:7). Beit Shammai said to Beit Hillel: but is it not already stated "for any matter of trespass"? Beit Hillel said to them: but is it not already stated "if he has not laid his hand"? If so, what does the verse "for any matter of trespass" come to teach? That you might think I have only the bailee himself; from where do I include one who told his slave or his agent to misappropriate? The verse therefore states "for any matter of trespass." "For any matter of trespass" is a generalization, etc. Excluded are lands, which are not movable, etc. And there is no double-payment or fourfold-and-fivefold payment for them: "fourfold and fivefold payment" said the Merciful One, and not "threefold and fourfold payment."

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