פרשת משפטים תש"י - ארבעה שומרים

Those who guard produce may eat according to civic law but not according to the Torah. There are four types of guardians: an unpaid guardian, a borrower, one who collects a wage, and a renter. An unpaid guardian may swear in every case; and the borrower should pay restitution in every case; and one who collects a wage or a renter must swear concerning an injured [animal], concerning one that has been carried off, or concerning a dead [animal], and must pay restitution for loss or theft.

וגנב מבית האיש AND IT BE STOLEN OUT OF THE MAN’S HOUSE — i. e. according to his statement),

אם ימצה הגנב ישלם IF THE THIEF BE FOUND HE — the thief — SHALL PAY שנים DOUBLE to the owner (to the bailor not to the bailee) (Bava Kamma 63b).

יביאהו עד THEN LET HIM BRING WITNESSES that it has been torn in pieces by accident and he shall be freed from liability.

הטרפה לא ישלם HE SHALL NOT PAY THAT WHICH HAS BEEN TORN — It does not say טרפה לא ישלם “one which has been torn he shall not pay for” — but it says “the torn one”, (the one mentioned here, viz., that which was torn without him being able to prevent it). Because there is a torn beast for which he has to pay and a torn beast for which he has not to pay. For an animal torn by a cat, a fox or a marten he has indeed to make restitution; but for one torn by a wolf, a lion, a bear or a serpent he is not liable to pay. But how do you come to make such a distinction (lit., who whispered to you to draw such a conclusion)? Because, you see, it states, “and if it die or be injured, or be captured”. Now what is the characteristic of natural death? One cannot save from it! Thus, also, the injury and the capture must be such that he was unable to save the animal from it (cf. Mekhilta d'Rabbi Yishmael 22:12).

If the thief be not found, then the master of the house shall come near unto God, to see whether he have not put his hand unto his neighbour’s goods.

ונקרב אל AND SHALL APPROACH UNTO THE אלהים — the judges, to put his case against the other and to swear unto him that he has not put forth his hands against his property (Bava Kamma 63b).