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Exodus 22:13 - Borrower's responsibility for damages?

Exodus 22:13 - שמות 22:13

Hebrew Text

וְכִי־יִשְׁאַל אִישׁ מֵעִם רֵעֵהוּ וְנִשְׁבַּר אוֹ־מֵת בְּעָלָיו אֵין־עִמּוֹ שַׁלֵּם יְשַׁלֵּם׃

English Translation

And if a man borrow aught of his neighbour, and it be hurt, or die, its owner not being with it, he shall surely make it good.

Transliteration

Vechi-yishal ish me'im re'ehu venishbar o-met be'alav ein-imo shalem yeshalem.

Hebrew Leining Text

וְכִֽי־יִשְׁאַ֥ל אִ֛ישׁ מֵעִ֥ם רֵעֵ֖הוּ וְנִשְׁבַּ֣ר אוֹ־מֵ֑ת בְּעָלָ֥יו אֵין־עִמּ֖וֹ שַׁלֵּ֥ם יְשַׁלֵּֽם׃
וְכִֽי־יִשְׁאַ֥ל אִ֛ישׁ מֵעִ֥ם רֵעֵ֖הוּ וְנִשְׁבַּ֣ר אוֹ־מֵ֑ת בְּעָלָ֥יו אֵין־עִמּ֖וֹ שַׁלֵּ֥ם יְשַׁלֵּֽם׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

This verse appears in Shemot (Exodus) 22:13 as part of the Mishpatim (Laws) section, which details civil and monetary laws. The verse addresses the responsibility of a borrower (sho'el) when borrowed property is damaged or dies in their care.

Rashi's Explanation

Rashi (Exodus 22:13) clarifies that this law applies specifically when:

  • The owner (ba'alav) was not present at the time of the damage or death (be'alav ein imo).
  • The borrower is liable even if the damage occurred without negligence (ones), because a borrower assumes full responsibility (sho'el shomer chinam).

Halachic Implications (Rambam)

Rambam (Hilchot She'elah uPikadon 1:2-3) elaborates on this principle:

  • A borrower is considered a paid guardian (shomer sachar) and is liable for theft, loss, or damage unless the owner was working with the item at the time (be'alav imo).
  • If the owner was present or actively involved (e.g., plowing alongside the borrower), the borrower is exempt from paying for accidents (ones).

Talmudic Discussion (Bava Metzia 95a-96b)

The Talmud analyzes scenarios where the borrower's liability may be waived:

  • If the animal died during normal labor (melechetah), the borrower is exempt if the owner was present (be'alav imo).
  • The Sages derive from "shalem yeshalem" that repayment must be in full value, not partial compensation.

Midrashic Insight (Mechilta d'Rabbi Yishmael)

The Mechilta emphasizes the ethical dimension: even though the borrower may not be at fault, the Torah insists on restitution to maintain trust (emunah) between neighbors. This reflects the broader principle of dinei mamonot (monetary laws) ensuring fairness in interpersonal dealings.

Practical Application (Shulchan Aruch)

Shulchan Aruch (Choshen Mishpat 340:1-3) codifies these rules:

  • A borrower must swear an oath (shevu'ah) if they claim the damage was unavoidable.
  • If the item was borrowed for a fee, the borrower's liability is even stricter, akin to a renter (socher).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 95b
The verse is discussed in the context of the laws of borrowing and the responsibilities of a borrower when the borrowed item is damaged or dies in their care.
📖 Bava Kamma 56b
The verse is referenced in a discussion about the liability of a borrower and the conditions under which they are required to compensate the owner.

Frequently Asked Questions

Q: What does Exodus 22:13 mean?
A: Exodus 22:13 discusses the responsibility of someone who borrows an item (or animal) from another person. If the borrowed item gets damaged or dies while in the borrower's care—and the owner was not present at the time—the borrower must fully compensate the owner. This teaches the importance of taking responsibility for borrowed property.
Q: Why is this law about borrowing important in Judaism?
A: This law emphasizes honesty, responsibility, and trustworthiness in financial and personal dealings. The Torah places great importance on ethical behavior, especially when borrowing from others. The Talmud (Bava Metzia 96b) discusses this verse in detail, explaining the borrower's obligations and the conditions under which compensation is required.
Q: What can we learn from Exodus 22:13 today?
A: This verse teaches us to be careful and responsible when borrowing things from others. If something happens to the borrowed item, we must take accountability and repay the owner fairly. This principle applies to all aspects of life—whether borrowing physical objects, money, or even trust. The Rambam (Hilchot She’elah u’Pikadon) elaborates on these laws, showing their relevance in daily conduct.
Q: Does this law apply if the owner was present when the item was damaged?
A: No, according to Rashi on this verse, if the owner was present when the damage occurred, the borrower is not held fully responsible. The reasoning is that the owner could have intervened to prevent harm. This exception highlights the Torah’s fairness in assessing responsibility based on circumstances.
Q: How does Jewish law define 'borrowing' in this context?
A: In Jewish law (Halacha), borrowing (שאלה - 'She’elah') refers to taking an item with the owner’s permission for temporary use, without payment. The borrower assumes responsibility for the item’s safety unless exempted by specific conditions (like the owner being present). The Talmud (Bava Metzia) and later halachic works discuss the nuances of these obligations.