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Home -- Content: Series 7 (Laws) -- Translation: English -- Book: 1 (Tora) -- Part: 1 (Positive) -- Command: 243 -- Text
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The Sharia of Moses in the TORA
Part 1 - The 248 Positive Commandments of the Tora

243 - THE LAW OF AN PAID BAILEE


Exodus 22:10-12 -- 10 “If a man delivers to his neighbor a donkey, an ox, a sheep, or any animal to keep, and it dies, is hurt, or driven away, no one seeing it, 11 then an oath of the LORD shall be between them both, that he has not put his hand into his neighbor's goods; and the owner of it shall accept that, and he shall not make it good. 12 But if, in fact, it is stolen from him, he shall make restitution to the owner of it.”

“If one takes wages for keeping property or pays for using it, he as well as the owner profits thereby: the losses must therefore be divided between them. It is done in this manner: the bailee pays for any loss caused through want of care, namely, when the property is stolen or lost; for this happens only when the bailee does not take sufficient precaution. The owner, on the other hand, bears such losses as cannot be prevented, if by accident the animal falls and breaks its limbs, or is carried away by armed men as booty, or if it dies.”*

* Moreh Nebuchim III, 42

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