Chapter 4: The Responsibilities of an Unpaid Watchman

Halacha 1: Liability of an Unpaid Watchman

• An unpaid watchman (shomer chinam) who receives a deposit and it is stolen or lost is exempt if he swears that he did not act negligently and did not use the item.
• If he used the item before the theft, he becomes liable.
• The exemption from theft implies exemption from unavoidable accidents—such as breakage, captivity, or death—provided he did not misuse the item.

Halacha 2: Proper Methods of Safeguarding

• The method of guarding depends on the nature of the item.
• Some items are properly kept in a gatehouse (e.g., beams), others in a courtyard (e.g., large bundles), others in a house (e.g., garments), and some in a locked chest or tower (e.g., valuables).
• If the watchman stores the item in an unsuitable location and it is lost—even due to unavoidable circumstances—he is liable.

Halacha 3: Guarding Money and Valuables

• Money and coins must be buried in the ground or hidden in specific parts of a wall. Storing them in the middle of a wall or even locking them in a box is insufficient.
• Failure to follow these methods is considered negligence, and the watchman is liable even if the loss was due to theft or accident.

Halacha 4: Deposits Made on Shabbos Eve

• If money is deposited during twilight on Friday, the watchman is not obligated to bury it until after Shabbos. However, if he delays unnecessarily after Shabbos and the money is lost, he is liable.
• A Torah scholar is given more time—until after havdalah—to bury the money.

Halacha 5: Guarding Money in Transit

• When someone entrusts another with money to carry or transfer, it must be tied securely in his hand or fastened properly to his body until it is buried.
• If he fails to do so and the money is lost—even due to unavoidable circumstances—he is liable because the initial handling was negligent.

Halacha 6: Forgetting the Location of the Deposit

• If the watchman cannot remember where he placed the item or buried the money, and asks for time to search, he is considered negligent and must pay immediately.
• Forgetting the location is not an acceptable excuse.

Halacha 7: Entrusting Items to Household Members

• When someone deposits items with a homeowner, it is assumed to be under the care of his wife, adult children, and household members.
• If the homeowner gives the items to young children, servants, or unrelated individuals, he is negligent unless the second watchman can prove he was not negligent.

Halacha 8: Case of a Watchman Giving Money to His Mother

• If a watchman gives deposited money to his mother, and she hides it but does not bury it, and it is stolen, the watchman is exempt. This is because deposits are assumed to be entrusted to household members.
• Even if he did not tell her it was a deposit, she would have guarded it carefully if she thought it was his.

Halacha 9: Delegation of a Deposit and Liability for Mishandling

• If a watchman entrusts a deposit to his wife or household members and informs them that it is a deposit, and they fail to guard it properly, they are liable to compensate the owner. The watchman himself is exempt, since it is assumed that deposits are made with the understanding they will be guarded by one’s household.
• In a case where a man deposited hops with a friend, and the watchman had his own hops, he instructed his servant to use “these hops” for brewing. The servant mistakenly used the deposited hops. The sages ruled that the servant is exempt because the instruction was vague, and he reasonably assumed the watchman was not particular. The watchman is also exempt from full payment, and must only pay for the benefit received. If the beer spoiled and became vinegar, no payment is required.
• However, in all such cases, the watchman must take an oath confirming the events as described. This principle applies to all similar situations involving indirect mishandling or unclear instructions.