A שׁוֹמֵר (shomer, guardian) is someone who has something that belongs to someone else. Perhaps they lent it to you or asked you to look after it. What happens if the item is stolen? Should you be held responsible for that? What if it's lost or damaged?
(ז) אִם־לֹ֤א יִמָּצֵא֙ הַגַּנָּ֔ב וְנִקְרַ֥ב בַּֽעַל־הַבַּ֖יִת אֶל־הָֽאֱלֹהִ֑ים אִם־לֹ֥א שָׁלַ֛ח יָד֖וֹ בִּמְלֶ֥אכֶת רֵעֵֽהוּ׃
(7) if the thief is not caught, the owner of the house shall depose before God and deny laying hands on the other’s property.
What obligation does the Shomer have for the lost property?
(ט) כִּֽי־יִתֵּן֩ אִ֨ישׁ אֶל־רֵעֵ֜הוּ חֲמ֨וֹר אוֹ־שׁ֥וֹר אוֹ־שֶׂ֛ה וְכׇל־בְּהֵמָ֖ה לִשְׁמֹ֑ר וּמֵ֛ת אוֹ־נִשְׁבַּ֥ר אוֹ־נִשְׁבָּ֖ה אֵ֥ין רֹאֶֽה׃ (י) שְׁבֻעַ֣ת יְהֹוָ֗ה תִּהְיֶה֙ בֵּ֣ין שְׁנֵיהֶ֔ם אִם־לֹ֥א שָׁלַ֛ח יָד֖וֹ בִּמְלֶ֣אכֶת רֵעֵ֑הוּ וְלָקַ֥ח בְּעָלָ֖יו וְלֹ֥א יְשַׁלֵּֽם׃ (יא) וְאִם־גָּנֹ֥ב יִגָּנֵ֖ב מֵעִמּ֑וֹ יְשַׁלֵּ֖ם לִבְעָלָֽיו׃
(9) When any party gives to another a donkey, an ox, a sheep or any other animal to guard, and it dies or is injured or is carried off, with no witness about, (10) an oath before יהוה shall decide between the two of them that the one has not laid hands on the property of the other; the owner must acquiesce, and no restitution shall be made. (11) But if [the animal] was stolen from the guardian, restitution shall be made to its owner.
In this text, what responsibility does the Shomer have for the lost property?
Rashi on Exodus 22:9
The first section is about an unpaid shomer, who is therefore free of responsibility for theft... This [second] section is about a shomer who is paid, and is therefore not free from liability if the object is stolen.
Why would a paid Shomer have more responsibility? Is this fair? Do you agree?
The first section is about an unpaid shomer, who is therefore free of responsibility for theft... This [second] section is about a shomer who is paid, and is therefore not free from liability if the object is stolen.
Why would a paid Shomer have more responsibility? Is this fair? Do you agree?
Rashbam on Exodus 22:6
The first section... refers to objects that are commonly kept inside the house, and that were given to the shomer to take care of it as they would take care of their own belongings…
The first section... refers to objects that are commonly kept inside the house, and that were given to the shomer to take care of it as they would take care of their own belongings…
But the second section says, “when a person gives to their neighbor a donkey...” Since animals spend a lot of time outdoors, we assume that the owner only allowed the shomer to watch the animals on condition that the shomer would be extra careful to protect them from thieves. So, if they were stolen, the shomer is responsible.
Deuteronomy 22:1-3
(1) If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer. (2) If your fellow Israelite does not live near you or you do not know who [the owner] is, you shall bring it home and it shall remain with you until your peer claims it; then you shall give it back. (3) You shall do the same with that person’s donkey, you shall do the same with that person’s garment; and so too shall you do with anything that your fellow Israelite loses and you find: you must not remain indifferent.
Why do you think it lists all of these different items? What point is the text trying to make?
(1) If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer. (2) If your fellow Israelite does not live near you or you do not know who [the owner] is, you shall bring it home and it shall remain with you until your peer claims it; then you shall give it back. (3) You shall do the same with that person’s donkey, you shall do the same with that person’s garment; and so too shall you do with anything that your fellow Israelite loses and you find: you must not remain indifferent.
Why do you think it lists all of these different items? What point is the text trying to make?
Exodus 23:4-6
(4) When you encounter your enemy’s ox or donkey wandering, you must take it back. (5) When you see the ass of your enemy lying under its burden and would refrain from raising it, you must nevertheless help raise it. (6) You shall not subvert the rights of your needy in their disputes.
(4) When you encounter your enemy’s ox or donkey wandering, you must take it back. (5) When you see the ass of your enemy lying under its burden and would refrain from raising it, you must nevertheless help raise it. (6) You shall not subvert the rights of your needy in their disputes.
Avot d’Rabbi Natan , 23
Who is a hero? One who turns an enemy into a friend
Who is a hero? One who turns an enemy into a friend