Chapter 5: Safeguarding Deposits: Standards of Care, Claims, and Accountability

Halacha 1: Deposits for Charity or Redemption of Captives

• If someone is entrusted with money designated for the poor or for redeeming captives and he is negligent and the money is stolen, he is exempt. This is because such funds are considered to have no direct claimants.
• Even if he uses the money to save himself from robbers, he is not liable.
• However, if the money was specifically designated for known individuals, he is liable if negligent and must either pay or swear he was not negligent.

Halacha 2: Using a Deposit to Save Oneself

• If a person is entrusted with valuable items and gives them to robbers to save himself, his liability depends on his reputation. If he is known to be wealthy and the robbers likely came for his own property, he is liable.
• If he is not known to be wealthy and the robbers likely came for the deposit, he is exempt.

Halacha 3: Failure to Call for Help During Theft

• If robbers steal a deposit in front of the watchman and he could have called for help but did not, he is considered negligent and must pay.
• This applies in all similar cases where passive inaction leads to loss.

Halacha 4: Confusion Between Multiple Depositors

• If two people deposit different amounts and both claim the larger sum, and the watchman says he does not know, each may swear and take the larger amount. The watchman must pay the difference from his own funds due to his negligence in failing to label the deposits.
• If the deposits were brought together in one bundle, he may split the known amount and leave the rest until one party concedes.
• If two people deposit items of different sizes and both claim the larger one, and the watchman is unsure, each swears and receives compensation accordingly.
• If the items were deposited together, the smaller item is given to one, and the value of the smaller is given to the other from the larger item. The remainder stays with the watchman until resolved.
• If two people claim ownership of a deposit and the watchman admits one must be the owner but doesn’t know which, he must pay both.
• Similarly, if two animals are deposited and one dies, and the watchman doesn’t know whose it was, he pays both.
• If the deposit was made without his knowledge, he may place the remaining item between them and withdraw.

Halacha 5: Mixing Deposited Produce

• A watchman may not mix deposited produce with his own.
• If he does, he must calculate the loss and compensate accordingly after swearing.
• If he is unsure how much was lost, standard deductions are applied based on the type of produce and season.
• If the produce was returned in a season that increases volume, no deduction is made.

Halacha 6: Unmeasured Deposits and Uncertainty

• If produce was deposited without measurement and the watchman mixes it with his own, he is negligent.
• If he cannot recall the quantity, he must pay without an oath.
• If he admits partial liability but is unsure of the rest, he is obligated to pay due to his inability to swear.

Halacha 7: Disputed Value of a Sealed Bag

• If a sealed bag is deposited and the depositor claims it contained valuables while the watchman claims ignorance, the depositor may swear and collect—provided the claim is reasonable.
• The watchman is not required to swear unless he admits partial liability. These principles are elaborated further in the laws of claims and counterclaims.