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75. Borrowing and Depositing - She'eilah u-Pikadon
One who accepts deposited property without charging
for watching it is responsible only if he is negligent;
if it is lost or stolen he swears that he protected it
adequately and need not pay, as it says "[If a man gives
his friend money or utensils to watch] and it is stolen
from the man's house... the owner of the house shall come
before the judges [(and swear that) he did not set his hand
to his neighbor's property]".1 One who charges for
watching and one who rents property are responsible for loss
and theft but they are believed on oath about unavoidable
accidents (if there are no witnesses), as it says "[If a
man gives his friend an ass or ox or sheep or any animal
to watch] and it dies or is injured or is taken captive
with none to see, an oath of Ha-Shem shall be between the
two of them [that he did not set his hand to his neighbor's
property... and he shall not pay]; but if it is stolen
from him he shall pay its owner".2 One who borrows is
responsible even for accidents, as it says "[And if a man
borrows from his friend] and it is injured or dies... he
shall pay3; but he is not responsible if it dies because
of doing the work he borrowed it to do. However, if the owner
himself is working for the watcher, renter or borrower at
the time he accepts the property there is no responsibility
even for negligence, as it says "If its owner
is with him he shall not pay".4 The foregoing applies
to movable property; one who watches, rents or borrows
land is responsible only for negligence and need not
take an oath. A creditor's responsibility regarding
collateral for a loan and a craftsman's responsibility for
the thing he is hired to work on are like that of one
who watches for pay.a
Sources: |
| 1. Ex. 22:6-7 |
a. 1:1; 2:1; 4:1-2; Sechirus 1:2-3; 2:1,3 (and see 9); 3:1; 10:1,3 |
| 2. Ex. 22:9-11 |
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| 3. Ex. 22:13 |
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| 4. Ex. 23:14 |
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