출애굽기 22:6 해설: Rashi, Ramban, Rashbam & Sforno

וגנב מבית האיש AND IT BE STOLEN OUT OF THE MAN’S HOUSE — i. e. according to his statement),

IF A MAN DELIVER UNTO HIS NEIGHBOR MONEY OR VESSELS TO KEEP. This section [Verses 6-8] speaks of an unpaid guardian, therefore He has freed him from payment in case the money or vessels are lost or stolen, as is the Tradition of our Rabbis.²⁰⁹Baba Metzia 94b. Scripture mentioned it without specifying what the case is because those who guard money or vessels generally do so without reward. The second section [Verses 9-12] speaking of a paid guardian mentions an ass, or an ox, or a sheep, or any beast,²¹⁰Verse 9. because it is the customary way to give over cattle into the hands of shepherds who pasture them for payment.

כי יתן איש אל רעהו כסף או כלים, in this paragraph the Torah releases the guardian of responsibility for loss by natural causes or thievery when the custodian in question does not receive compensation for his looking after the items in question. In the second paragraph the custodian of whom the Torah speaks is a שומר שכר, a paid trustee. According to the plain meaning of the text, in the first paragraph the Torah speaks of chattels which are to be kept in the house of the trustee just as his own chattels. He is supposed to treat them with no less care than he treats his own chattels. This is why if they were stolen from his house he is free from responsibility, as he had guarded them as well as he guards his own property. In the second paragraph the Torah lists as examples of what had been given to the trustee animals, objects requiring to be tended, to be fed, etc. Moreover, such animals are usually grazing in the pasture and not under the constant supervision of their owners. If the trustee undertook to look after them, something involving a lot of attention and time, he would not do this unless he would receive compensation for such an undertaking. Seeing the trustee is being paid, he is liable for restitution if any of these animals are stolen while under his care.