The Unpaid Guardian and the Oath of the LORD Between Two Parties

"If a man delivers to his neighbor" (Exodus 22:9). One might think both passages [this one and the next] deal with a single matter. But is it written "and if"? It says only "if" [marking a new case], teaching that this is one distinct matter. Thus the first passage speaks of the unpaid guardian, and the second of the paid bailee and the renter. The unpaid guardian takes an oath about everything and is exempt; the paid bailee sometimes takes an oath and sometimes must pay. "If a man delivers." I know only of a man; from where do I learn a woman? Scripture says "he shall pay" (Exodus 22:8), whether man or woman. If so, why is "a man" stated? To exclude a minor. "To his neighbor" excludes others [non-Israelites]; "his neighbor" excludes the resident alien; "his neighbor" excludes consecrated property, for one is not liable to an oath concerning these. "A donkey or an ox or a sheep." I know only of these specified animals. From where do I include other livestock? Scripture says "any animal." From where do I include other movable goods? Scripture says "to keep." One might think I should include bonds, slaves, and land; Scripture says "a donkey or an ox or a sheep": just as these are movable goods, so I have only movable goods. "And it dies or is injured or is driven away." Let it say "dies": why must it also state "driven away" and "injured"? Had it said only death, I would have said that death is unique in that there is no breath of life left, excluding the injured and the captured beast, which still have breath of life. So Scripture must state death, injury, and capture. Were it to say only "injured," I would have reasoned that injury is unique in being before you, excluding the captured and the dead which are not before you. Were it to say only "captured," I would have reasoned that capture is unique in that the beast still has breath of life, excluding the injured and dead which do not. Therefore Scripture states all three. From where do I include all other forced losses? Scripture says "dies or is injured or is driven away." "And it dies" by the hand of Heaven. "Or is injured" by a wild beast. "Or is driven away" by raiders. I might still say this applies whether or not he could have rescued it; Scripture says "and it dies": just as in death he could not rescue it, so too the injury and capture must be such that he could not rescue. "With no one seeing" (Exodus 22:9). Scripture speaks of witnesses. "Seeing" is said here, and "or has seen" is said elsewhere (Leviticus 5:1). Just as the seeing mentioned there means two witnesses, so the seeing here means two witnesses. "With no one seeing, an oath of the LORD shall be between the two of them." Thus if there are witnesses, the householder is exempt from everything. Issi ben Yehudah says: "With no one seeing, an oath of the LORD shall be between the two of them" means that if there is one who saw, the guardian must bring proof and be exempt; if not, he is liable to pay. "An oath of the LORD shall be between the two of them" while holding a sacred object. "Between the two of them" excludes the heir. "The two of them" excludes the one opposing him who is suspect regarding oaths. "Between the two of them" means the judge may not impose the oath upon him against his will. Rabbi Natan says: "between the two of them" teaches that the oath falls upon both of them.