The Torah addresses the liability of a paid watchman with an apparently redundant phrase: "if stolen, it shall be stolen." The doubling of the word "stolen" in (Exodus 22:11) caught the attention of Rabbi Yossi, who saw legal meaning in what others might dismiss as stylistic repetition.
Rabbi Yossi explains that the redundancy is deliberate. The Torah repeats "stolen" to expand the scope of the watchman's liability beyond theft alone. The phrase "if stolen, it shall be stolen" includes loss as well. A paid watchman who claims the item was stolen is liable, and a paid watchman who claims the item was lost is equally liable. The doubled language encompasses both scenarios.
The Mekhilta then turns to the phrase "from him" — two small words that carry enormous legal weight. "From him" limits the watchman's liability to situations where the theft or loss occurred while the item was in his direct custody. If the watchman delegated responsibility to a young shepherd-boy and the item was stolen from the boy, the watchman is not liable. The boy was not a qualified custodian, and the watchman did not personally fail in his duty of care.
However, if the watchman entrusted the item to a grown, professional shepherd — someone qualified to serve as a keeper — the watchman remains fully liable. Delegating to a competent adult does not transfer responsibility. The watchman made a commitment to the owner, and hiring a substitute does not release him from that commitment.
From just a few seemingly redundant words, the rabbis constructed a precise framework governing custody, delegation, and liability — principles that remain relevant in legal systems to this day.