Money or Goods Given to a Neighbor for Safekeeping

Mekhilta DeRabbi Shimon Ben Yochai 22:6

Curated by Arthur·Told by Maggid·

"If a man gives to his neighbor" (Exodus 22:6) the giving of a minor counts for nothing. [I know this only when a minor gave and a minor claimed. From where that a minor gave and an adult claimed? Scripture says "the matter of both shall come before the judges" the moment of claim and the moment of giving must be equal.] "A man" this excludes the Most High [the sanctuary's property]. I know only when he gave to a layman; from where when consecrated property was given? Scripture teaches "if he has not put his hand to his neighbor's goods" his neighbor's, not the sanctuary's. [And the moment of claim and the moment of giving must be equal.] "His neighbor" excludes others; "his neighbor" excludes a resident alien. [The moment of claim and the moment of giving must be equal.] "Money" just as money grows from the land, one might think I exclude vessels of the sea, which do not grow from the land; Scripture teaches "or vessels." These are the words of Rabbi Yehudah. Since we find he is liable upon a claim and liable upon an admission, just as admission applies at the value of a perutah, so a claim applies at the value of a perutah; Scripture teaches "money" the value of a maah of silver, the words of the House of Shammai; and the House of Hillel say the claim must be two pieces of silver. "To keep" not to lose; "to keep" not to distribute to the poor; "to keep" not to throw away; "to keep" not to give away as a gift. "And it is stolen from the man's house" not from the top of his roof this tells that if he did not guard it in the manner of guardians, he is liable. "From the man's house" not from the thief's house: one who steals after a thief does not pay double, and one who slaughters or sells after a thief does not pay the fourfold and fivefold penalty. "If the thief is found, he shall pay double" why is this needed? It is already said "if the theft is actually found in his hand"! What then does "if the thief is found" teach? It tells that if the keeper paid the owner of the deposit and afterward the thief was found, the thief pays the double or the fourfold and fivefold penalty to the keeper. Rabbi Yishmael says: "if the thief is found" means if witnesses are found for the householder against the one who falsely pleaded the plea of a thief, that one pays double. One might think he pays on his own admission; Scripture teaches "is found" there is no "found" anywhere except through witnesses. And the oath fixes when he becomes called a wicked one only after the oath.

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