Halakha Keluaran 22:9: Mishneh Torah, Hiring, Sefer HaChinukh & Mishneh Torah, Positive Mitzvot

These are the three laws that apply to them. If the deposit is stolen from the unpaid bailee or it is lost and, of course, if the deposit is lost through force majeure - for example [the deposit] was livestock and it died or was taken captive: [The bailee] swears that he exercised the ordinary care of bailees and is exempt. As is written "And it is stolen from the man's home" (Exodus 22:6); "And the house-holder shall approach God" (Exodus 22:7). The borrower repays [the owner] in all situations, whether the borrowed item is lost, or stolen, or whether there was force majeure e.g. the borrowed animal died or was injured or taken captive, for thus is written about the borrower: "If [the animal] was injured or died and its owner was not with it - he shall pay" (Exodus 22:13). The same law applies to the paid bailee and to the renter. If the object which [the bailee] rented or was paid to guard was stolen or lost - they pay [the owner]. But if there is force majeure - e.g. there was an animal and it died or was injured or taken captive or became afflicted with a fatal disease - [the paid bailee and the renter] swear that it was force majeure and they are exempt. As it is written: "If it dies or is injured or taken captive and there is no witness" (Exodus 22:9) "the oath of the Lord ..." (Exodus 22:10), and it is written: "If it is stolen from him, he must pay its owner..." (Exodus 22:11). In summary: An unpaid bailee takes an oath in every situation. And a borrower pays in all situations, unless it dies while it is working, as will be explained. A paid bailee and a renter pay for a lost or stolen [deposit], but they take an oath in cases of force majeure such as when the animal is injured or taken captive or killed or develops fatal disease. Or if the object is lost in a boat that sinks or is taken by armed bandits or anything like this that is a case of force majeure.

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The commandment on the court to judge the case of one who takes a wage and of a renter: To judge the case of one who takes a wage and a renter. And the understanding of one who takes a wage is someone who guards a deposited item for a wage they give to him for guarding [it]; and [of] a renter is like its simple meaning, that he rented an animal from his fellow to ride or to do work, or he rented movable objects from him. And [if a] disagreement arose between the renter and the owner or between the owner of the deposited item and the one guarding it for a wage, it is a commandment upon us to adjudicate between them, as it is written in this section (Exodus 22:9), “If a man gives to another a donkey, an ox, a sheep or any animal to guard, etc.”