Translation:Shulchan Aruch/Choshen Mishpat/344

Paragraph 1- If the borrower claims the animal died because of its work and it was in an area where witnesses are common, he would not be exempt unless he can bring witnesses supporting his claim and stating that he did not deviate. If it is a place where witnesses are not common, as was discussed in Siman 294, and he had made a condition that he would not have to swear or not have to pay if the animal was stolen or an unavoidable accident occurred, we would follow whatever the condition was, even if there was no kinyan on it because all conditions on watchmen are valid, even without a kinyan. This is only where they made the condition before the item came to the watchman’s possession. Once he has obligated himself, however, he cannot make a condition because it is mere words.

Paragraph 2- When the borrower repays we appraise the broken parts. If he borrowed a vessel, which broke, we would appraise the worth of the broken parts at the time they broke. We would give the broken parts to the owner and the borrower would pay the difference. If the value of the broken parts went down between the time they broke and the time of litigation, we would appraise how much they were worth at the time they broke. Similarly, if the borrower borrowed an animal, which died, we would appraise how much the carcass was worth at the time of death, we would give the carcass to the owner and the borrower would pay the difference. If the broken parts were stolen or misplaced, the borrower would be liable unless he had told the owner to take what is his.

Paragraph 3- If Reuven loaned an item to Shimon and Shimon ruined it, and Shimon told Reuven to swear how much it is worth and he will pay it back, and the owner told him that he should swear and be exempt, the owner must swear and collect from his counterparty based on the oath. If he does not swear, he cannot collect from his counterparty. This is not considered a case of one who is obligated to swear and cannot do so and thus must pay back.

Paragraph 4- If one borrows a cow from another for half the day and rented it for the half the day, or if he borrowed it for today and rented it for tomorrow, or he borrowed one and rented another, and one of the animal dies and the owner says the borrowed one died on a borrowing day at a borrowing time, and the renter says he doesn’t know, or the watchman says the rental died on a rental day at a time it was rented and the owner says he doesn’t know, or each one says he doesn’t know, the party coming to remove money has the burden of proof. If no proof was available and it was a case where the owner was making the certain claim, the renter would swear the rental died or that he doesn’t know. In a case where the owner is unsure, the watchman would take a guardian-oath that it died in the ordinary course and would roll in that the rental died or that he doesn’t know. The same is true where the owner said the borrowed one died and the renter says the rented one died or each party says he doesn’t know.