Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend


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
3. Ex. 22:13
4. Ex. 23:14


Please Support TORAH.ORG
Print Version       Email this article to a friend

 

ARTICLES ON VAYEITZEI AND CHANUKAH:

View Complete List

Sadly Released from Prison
Rabbi Yisroel Ciner - 5758

In Every Generation
Shlomo Katz - 5766

Lend Me an Ear
Rabbi Raymond Beyda - 5767

Email Sponsorship

The Light of Torah
Rabbi Yosef Kalatzky - 5763

Reaching Upward
Rabbi Yaakov Menken - 5764

How Are You Doing?
Rabbi Raymond Beyda - 5765

ArtScroll

A New Perspective
Shlomo Katz - 5768

Horns and Hedonism
Rabbi Eliyahu Hoffmann - 5763

Light From Darkness, Take Two
Rabbi Pinchas Winston - 5766

The Everything Torah Book

Nice Guys Finish Second -- Second in Command to Pharoah
Rabbi Yissocher Frand - 5766

Hey, Looks Like Supper!
Rabbi Yisroel Ciner - 5760

There to Share
Rabbi Label Lam - 5763

Miracles of Modesty
Rabbi Yehudah Prero - 5762

Our Noble Mission
Rabbi Label Lam - 5766

"More Than I Deserve"
Rabbi Yissocher Frand - 5763

Oh Dreidel, Dreidel, Dreidel!
Rabbi Label Lam - 5768


Learning Events and Programs

Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base

Discussion Forum




Help

About Us

Contact Us


Enable popup menus


Download to my HandHeld


Torah.org Home
Torah.org HomeCapalon.com Copyright Information