The Borrower Set Apart and the Hired Worker Who Swears

Yalkut Shimoni on Torah 346:24

"And if a man borrow from his neighbor" (Exodus 22:13). Scripture has detached the borrower from the general category of keeper and made him a matter unto himself. "From his neighbor" teaches that he is not liable until he removes it from the owner's domain. "If it be a hired thing, it came for its hire" (Exodus 22:14). I might hear that he swears and is exempt. You may reason it out: since the bailee for hire derives benefit and the hired worker derives benefit, if you have learned about the bailee for hire that he swears regarding cases of compulsion but pays for theft and loss, so too the hired worker swears regarding cases of compulsion and pays for theft and loss. But let the unpaid keeper serve as proof: he provides benefit yet is exempt from paying; let him prove the case of the hirer, that even though he provides benefit he should be exempt. You may answer: there is a distinction. Since the bailee for hire both derives benefit and provides benefit, and the hired worker both derives benefit and provides benefit, if you have learned about the bailee for hire that he swears regarding cases of compulsion and pays for theft and loss, so too the hired worker swears regarding cases of compulsion and pays for theft and loss. And let the unpaid keeper not serve as proof, for he provides benefit but does not derive benefit, whereas the hirer both derives benefit and provides benefit. Therefore it is stated, "if it be a hired thing, it came for its hire."

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