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



 






ARTICLES ON SHOFTIM AND ELUL / ROSH HASHANAH:

View Complete List

In A Theatre Near You
Rabbi Label Lam - 5764

Happy New Yira
Rabbi Label Lam - 5769

More and More Ourselves
Rabbi Label Lam - 5764

Frumster - Orthodox Jewish Dating

The Blessings We All Hope For
Rabbi Label Lam - 5773

Accidental Manslaughter
Rabbi Yaakov Menken - 5757

Judge Yourself Before Judging Others
Rabbi Yaakov Menken - 5759

ArtScroll

You'll be the Judge of That
Rabbi Pinchas Winston - 5765

It's a Nice Soft Suicide…
Rabbi Label Lam - 5772

Recognition of Good
Rabbi Pinchas Winston - 5760

> Matters of Dispute in Your Cities
Rabbi Yissocher Frand - 5756

Judges, Kings, Workers & Scholars
Shlomo Katz - 5771

So It Is Written
Rabbi Label Lam - 5765

Looking for a Chavrusah?

Deceitful Prayer
Shlomo Katz - 5759

Leave it Up to the King
Rabbi Eliyahu Hoffmann - 5764

Laws and Louisiana
Rabbi Berel Wein - 5765

To Begin--to Cook from Within
Rabbi Label Lam - 5766



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




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