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Exodus 22:9 - Who bears responsibility for damages?

Exodus 22:9 - שמות 22:9

Hebrew Text

כִּי־יִתֵּן אִישׁ אֶל־רֵעֵהוּ חֲמוֹר אוֹ־שׁוֹר אוֹ־שֶׂה וְכָל־בְּהֵמָה לִשְׁמֹר וּמֵת אוֹ־נִשְׁבַּר אוֹ־נִשְׁבָּה אֵין רֹאֶה׃

English Translation

If a man deliver to his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or be driven away, no man seeing it:

Transliteration

Ki-yiten ish el-re'ehu chamor o-shor o-seh vechol-behemah lishmor u-met o-nishbar o-nishbah ein ro'eh.

Hebrew Leining Text

כִּֽי־יִתֵּן֩ אִ֨ישׁ אֶל־רֵעֵ֜הוּ חֲמ֨וֹר אוֹ־שׁ֥וֹר אוֹ־שֶׂ֛ה וְכׇל־בְּהֵמָ֖ה לִשְׁמֹ֑ר וּמֵ֛ת אוֹ־נִשְׁבַּ֥ר אוֹ־נִשְׁבָּ֖ה אֵ֥ין רֹאֶֽה׃
כִּֽי־יִתֵּן֩ אִ֨ישׁ אֶל־רֵעֵ֜הוּ חֲמ֨וֹר אוֹ־שׁ֥וֹר אוֹ־שֶׂ֛ה וְכׇל־בְּהֵמָ֖ה לִשְׁמֹ֑ר וּמֵ֛ת אוֹ־נִשְׁבַּ֥ר אוֹ־נִשְׁבָּ֖ה אֵ֥ין רֹאֶֽה׃

🎵 Listen to leining

Parasha Commentary

Context and Overview

This verse, from Shemot (Exodus) 22:9, discusses the laws of shomrim (guardians or custodians) and their responsibilities when entrusted with another person's animal. The Torah outlines scenarios where the animal may die, be injured, or be stolen without witnesses, raising questions about the guardian's liability.

Rashi's Commentary

Rashi explains that this verse introduces the concept of a shomer chinam (an unpaid guardian), who is not liable for the animal's loss unless negligence is proven. The phrase "ein ro'eh" ("no man seeing it") implies there are no witnesses to testify whether the guardian was negligent or if the loss occurred due to circumstances beyond his control (ones).

Rambam's Legal Analysis

In Hilchos She’eilah u’Pikadon (Laws of Borrowing and Deposits), Rambam (Maimonides) elaborates that a shomer chinam is exempt from liability if he takes an oath that the loss occurred without his negligence (Hilchos She’eilah 1:2). The absence of witnesses (ein ro'eh) shifts the burden of proof to the owner, who must provide evidence of the guardian's fault.

Talmudic Discussion (Bava Metzia 42a)

The Talmud analyzes this verse in the context of the four types of guardians:

  • Shomer chinam (unpaid guardian) – Exempt unless negligent.
  • Shomer sachar (paid guardian) – Liable for theft or loss but exempt in cases of ones (unavoidable circumstances).
  • Socher (renter) – Treated similarly to a paid guardian.
  • Sho’el (borrower) – Liable in almost all cases.

The verse here specifically addresses the shomer chinam, as the Torah later distinguishes the obligations of other guardians.

Midrashic Insight (Mechilta)

The Mechilta emphasizes the ethical dimension: even though the guardian may be exempt from financial liability, he is still morally obligated to act responsibly with his neighbor's property. The phrase "ki yiten ish el re'ehu" ("if a man delivers to his neighbor") underscores the importance of trust in interpersonal relationships.

Practical Halachic Implications

Based on this verse and its interpretations, Halacha rules that:

  • A guardian must take reasonable precautions to safeguard the entrusted animal.
  • If the loss occurs without witnesses, the guardian must swear an oath of innocence to be exempt.
  • The owner bears the burden of proof if he claims negligence.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 93b
The verse is discussed in the context of the laws of shomerim (bailees) and their responsibilities when entrusted with another's property.
📖 Bava Metzia 94b
Further discussion on the obligations of a shomer (bailee) and the conditions under which they are exempt from liability, referencing this verse.

Frequently Asked Questions

Q: What does Exodus 22:9 mean?
A: Exodus 22:9 discusses the laws of a 'shomer' (guardian) who is entrusted with watching over someone else's animal. The verse explains that if the animal dies, is injured, or is stolen without witnesses, the guardian must take an oath to prove they were not negligent. This is part of the Torah's detailed laws about financial responsibility and trust between people.
Q: Why is this verse important in Jewish law?
A: This verse is important because it establishes the legal responsibilities of a 'shomer' (guardian) in Jewish law (Halacha). The Talmud (Bava Metzia 42a) and later codifiers like Rambam (Hilchot She'elah u'Pikadon) derive detailed rules from this verse about when a guardian is liable or exempt for damages to the item they're watching.
Q: What can we learn from Exodus 22:9 about personal responsibility?
A: We learn that when entrusted with someone else's property, we have serious obligations to care for it properly. The Torah teaches that even when accidents happen beyond our control (like theft with no witnesses), we must still act with honesty and integrity, as reflected in the requirement to take an oath in such cases.
Q: How does this law apply today?
A: While we may not often watch livestock today, the principles apply to any situation where we're responsible for others' property - whether borrowing items, storing things for friends, or professional custodial relationships. The underlying values of responsibility, honesty and proper care remain timeless in Jewish law and ethics.
Q: Why does the verse specify different animals?
A: Rashi explains that the Torah mentions specific animals (donkey, ox, sheep) to teach that the same laws apply whether the item is large or small, valuable or less valuable. The phrase 'or any beast' then extends these laws to all types of animals and, by rabbinic interpretation, to all types of property one might be entrusted to guard.