For the source text click/tap here: Shavuot 49
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The first mishnah in the last chapter was taught in its entirety in Bava Metziah 7:8. It is repeated here as an opening to the rest of the chapter which discusses when a guardian is liable to bring a sacrifice for having sworn a false oath. There are certain types of guardians who under circumstances if not able to return the object under their guard may take an oath and thereby exempt themselves from having to pay back the owner. Our chapter will teach that they are liable to bring a sacrifice only if they take an oath that exempted them from paying back the owner. The type of oath described here is an “oath of deposit”, discussed above in chapter five. The punishment for intentionally swearing a false oath of deposit is a guilt offering.
According to the Torah (Ex 22:6-12), the level of responsibility for which a shomer – someone who accepts responsibility to guard his friend’s object – is liable, depends on the personal gain that the shomer receives. The Mishna on our daf enumerates four types of shomrim and their level of responsibility. They include:
A shomer ḥinam (unpaid bailee) – who does not derive any personal gain or benefit from watching the object. In the event that the shomer ḥinam performs his duty responsibly and the object is lost or stolen, he can take an oath that he guarded it properly and he will be free of any further responsibility (see Shemot 22:6-7).
A sho’el (borrower) – who borrows the object for his own use, without payment. He is responsible for anything that happens to the animal and will have to pay full restitution to the owner (see Shemot 22:13). Only if the animal died in the course of normal work will he be free of responsibility to pay, if he takes an oath that that is what happened.
A shomer sakhar (paid bailee) – who gets paid for watching the object, and
A sokher (renter) – who pays rent to use the object.