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



 
Sell Chometz Online







ARTICLES ON KEDOSHIM AND THE OMER:

View Complete List

From the Profanity of Profanities
Rabbi Label Lam - 5767

The Reason The Torah Prohibits Marrying Two Sisters
Rabbi Yissocher Frand - 5770

Not Every Thing is Spelled Out in Shulchan Aruch
Rabbi Yissocher Frand - 5771

ArtScroll

Don't Take it to Heart
Rabbi Eliyahu Hoffmann - 5760

Holy Pursuits - Mundane Paths
Rabbi Eliyahu Hoffmann - 5762

Different Strokes for Different Folks
Rabbi Naftali Reich - 5772

> The Fundamental Rule
Rabbi Eliyahu Hoffmann - 5758

Accepting Time
Rabbi Aron Tendler - 5766

Holy Kitchen, Holy Sidewalk, Holy Workplace
Rabbi Berel Wein - 5765

Looking for a Chavrusah?

A Reservoir of Love
Rabbi Label Lam - 5766

The Three Crowns
Rabbi Yisroel Ciner - 5762

Seven Perfect Weeks
Rabbi Yosey Goldstein - 5756

Frumster - Orthodox Jewish Dating

What's an Omer?
Rabbi Yehudah Prero - 5755

Understand The Warning
Rabbi Yochanan Zweig - 5772

Kiddush Moments
Rabbi Pinchas Winston - 5772

“Letter to my Son Akiva”
Jon Erlbaum - 5773



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