Three Passages for Three Keepers and the Standing of the Renter

Mekhilta DeRabbi Shimon Ben Yochai 22:14

"If its owner is with it" (Exodus 22:14). One might think that if a man said to another, "Go out and be borrowed along with my cow," and he went out and was borrowed with it, the borrower should be exempt; Scripture says "its owner is with it," its owner and not his agent. Thus there are three passages for three laws: the first for the unpaid guardian, the second for the paid bailee, the third for the borrower. The unpaid guardian swears and is exempt from everything. The paid bailee swears regarding accidents and pays for what are not accidents. The borrower pays for everything except death in the course of work. And in all of them, if the safekeeping was done together with the owner, even if they were negligent, they are exempt. "If he is a hired worker, it comes for his hire" (Exodus 22:14): Scripture speaks of the renter. Do not read "hired" (sakhir) but "rented" (sakhur). "It comes for his hire." I might understand that he swears and is exempt from everything. You may reason: since the paid bailee derives benefit and the renter derives benefit, if you have learned regarding the paid bailee that he swears about accidents and pays for theft and loss, so too the renter swears about accidents and pays for theft and loss. But behold the unpaid guardian, who provides benefit and is exempt from paying; let him prove regarding the renter, that although he provides benefit he should be exempt from paying. You answer: there is a difference. The paid bailee derives benefit and provides benefit, and the renter derives benefit and provides benefit; do not bring in the unpaid guardian, who provides benefit but derives none. Therefore, if you have learned regarding the paid bailee that he swears about accidents and pays for loss and theft, so too the renter swears about accidents and pays for loss and theft.

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