The Oath of the Shomrim

When any party gives money or goods to another for safekeeping, and they are stolen from that other party’s house: if caught, the thief shall pay double;

if the thief is not caught, the owner of the house shall depose before God and deny laying hands on the other’s property.

(In all charges of misappropriation—pertaining to an ox, an ass, a sheep, a garment, or any other loss, whereof one party alleges, “This is it”—the case of both parties shall come before God: the one whom God declares guilty shall pay double to the other.)

When any party gives to another an ass, an ox, a sheep or any other animal to guard, and it dies or is injured or is carried off, with no witness about,

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.

But if [the animal] was stolen from the guardian, restitution shall be made to its owner.

If it was torn by beasts, the guardian shall bring it as evidence—not needing to replace what has been torn by beasts.

When any party borrows [an animal] from another and it dies or is injured, its owner not being with it, restitution must be made.

If its owner was with it, no restitution need be made; but if it was hired, that payment is due.

The commandment on the court to judge the case of an unpaid guardian: To judge the case of an unpaid guardian, as it is stated (Exodus 22:6), “If a man gives his neighbor silver or vessels to keep, etc.” And the explanation that comes for it (Bava Metzia 94b) is that this section is stated about an unpaid guardian. And therefore it exempted him from [liability for] theft. And the understanding of “unpaid” is that the [guardian] did not receive any wage for his guardianship from the [owner].

The root is well-known. Its laws — for example, what is the law of one who makes the claim of theft about the deposited item and swears [that it is so] and afterwards witnesses come [and testify] that it is on his property, and he goes back and [again] makes the claim of theft and swears and afterwards witnesses come that it is on his property (Bava Metzia 108a); the law of one who makes the claim of [it being] lost; what is the law of one who makes a claim of it being deposited; the law of one who makes a claim and goes back and makes a claim of theft and afterwards witnesses come that it is on his property; the law of one who makes the claim of theft about the deposited item of a minor; and the rest of its details — are elucidated in the ninth chapter of [Bava] Kamma and the third of [Bava] Metzia and the eighth of Shevuot. (See Tur, Choshen Mishpat 291.)

And [it] is practiced in every place and at all times. And a court that transgresses it has violated a positive commandment.