Exodus 22:6 - Guardian's theft responsibility?

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Hebrew Text

כִּי־יִתֵּן אִישׁ אֶל־רֵעֵהוּ כֶּסֶף אוֹ־כֵלִים לִשְׁמֹר וְגֻנַּב מִבֵּית הָאִישׁ אִם־יִמָּצֵא הַגַּנָּב יְשַׁלֵּם שְׁנָיִם׃

English Translation

If a man shall deliver to his neighbour money or vessels to keep, and it be stolen out of the man’s house; if the thief be found, he shall pay double.

Transliteration

Ki-yiten ish el-re'ehu kesef o-kelim lishmor v'gunav mibeit ha'ish im-yimatzei hagannav yeshalem shnayim.

Hebrew Leining Text

כִּֽי־יִתֵּן֩ אִ֨ישׁ אֶל־רֵעֵ֜הוּ כֶּ֤סֶף אֽוֹ־כֵלִים֙ לִשְׁמֹ֔ר וְגֻנַּ֖ב מִבֵּ֣ית הָאִ֑ישׁ אִם־יִמָּצֵ֥א הַגַּנָּ֖ב יְשַׁלֵּ֥ם שְׁנָֽיִם׃

Parasha Commentary

Overview of the Verse

The verse (Exodus 22:6) discusses the laws of a shomer chinam (an unpaid guardian) who is entrusted with another person's money or vessels for safekeeping. If the items are stolen from the guardian's possession, the Torah establishes that if the thief is found, he must pay double restitution (kefel). This law is part of a broader discussion in Parshat Mishpatim concerning financial responsibilities and liabilities.

Rashi's Commentary

Rashi (Exodus 22:6) explains that this verse applies specifically to an unpaid guardian (shomer chinam), who is exempt from paying for the loss if the theft occurs without negligence on his part. However, if the thief is caught, the thief must repay double the stolen amount, as stated in Exodus 22:3. Rashi emphasizes that the guardian is only responsible to testify truthfully about the theft but is not liable for the loss.

Rambam's Legal Analysis

In Hilchot She’eilah u’Pikadon (Laws of Borrowing and Deposits 3:1), the Rambam clarifies that an unpaid guardian is only liable if he was negligent in safeguarding the deposited items. If the theft occurs despite reasonable precautions, the guardian is exempt. However, if the thief is apprehended, the thief—not the guardian—must compensate the owner with double payment, as derived from this verse.

Talmudic Discussion (Bava Metzia 34b)

The Talmud analyzes this verse in the context of different types of guardians (shomrim). It distinguishes between an unpaid guardian (shomer chinam) and a paid guardian (shomer sachar), noting that the unpaid guardian is only liable for negligence. The Gemara further discusses whether the double payment by the thief absolves the guardian from any oath requirement, concluding that the guardian must still take an oath (shevu’ah) to confirm his lack of negligence.

Midrashic Insight (Mechilta)

The Mechilta (Mishpatim 15) connects this verse to the broader principle of honesty in financial dealings. It teaches that even in cases of theft, justice must be upheld by ensuring proper restitution. The double payment serves as both compensation and a deterrent against theft, reinforcing societal trust in monetary transactions.

Key Halachic Principles

The unpaid guardian is exempt from liability if the theft occurs without his negligence.
If the thief is found, he must repay double the value of the stolen item.
The guardian must still take an oath to verify his innocence in the matter.
This law underscores the importance of trustworthiness in financial guardianship.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 34b

The verse is discussed in the context of the laws regarding a paid guardian (shomer sakhar) and the liability for theft.

📖 Bava Kamma 63b

The verse is referenced in a discussion about the penalties for theft and the obligations of those entrusted with another's property.

Frequently Asked Questions

Q: What does Exodus 22:6 mean?
A: Exodus 22:6 discusses the laws of a 'shomer' (a guardian or watchman) who is entrusted with someone else's money or property. If the item is stolen and the thief is caught, the thief must pay double the value as restitution. This verse is part of the Torah's civil laws about financial responsibility and honesty.

Q: Why is this verse important in Jewish law?
A: This verse is important because it establishes the principle of responsibility when safeguarding another person's property. According to Jewish law (Halacha), a shomer has certain obligations, and this verse helps define the consequences when theft occurs. The Talmud (Bava Metzia 42a) elaborates on the different levels of responsibility for different types of guardians.

Q: What can we learn from Exodus 22:6 today?
A: We learn the importance of trust and accountability in financial and personal dealings. The Torah teaches that if someone entrusts us with their belongings, we must take that responsibility seriously. Even if theft occurs, justice must be served by holding the thief accountable. This principle applies to modern business ethics and personal integrity.

Q: Does this law apply if the thief is not found?
A: According to Rashi and the Talmud (Bava Metzia 34b), if the thief is not found, the guardian may need to take an oath (shevuah) to prove they were not negligent. The exact ruling depends on the type of guardian (paid or unpaid) and the circumstances, as detailed in Jewish civil law.

Q: Why does the thief have to pay double?
A: The double payment serves as both restitution and a penalty to discourage theft. The Rambam (Hilchot Geneiva 1:1) explains that this is a form of punishment for violating the prohibition against stealing. The Torah emphasizes that theft is a serious offense with tangible consequences.