When does a borrower's liability for a loaned animal begin?
Liability begins at the moment the item enters the borrower's domain — not when it is sent or promised.
Question 2
The lender sends the animal with his own Canaanite slave. The borrower consented. The animal dies in transit. Who is liable?
A Canaanite slave is legally an extension of his master. The animal never left the lender's domain when carried by his slave, so the lender bears the loss.
Question 3
The borrower returns the animal after the loan period ends and it dies in transit. Who is liable?
After the loan period, the borrower's status drops to paid watchman. As a paid watchman, he is not liable for death or capture by force — only for theft.
Question 4
Owner claims the borrowed animal died during the loan period; watchman says 'I don't know.' What happens?
The rule is: whoever seeks to extract payment from another must bring proof. If there is none, the watchman takes the oath required of watchmen and is exempt.
Question 5
The watchman borrowed two cows — one borrowed, one rented. One died. Owner says 'the borrowed one died'; watchman says 'one certainly died borrowed, the other — I don't know.' What does the watchman owe?
Because the watchman cannot take an oath denying the owner's claim about the second cow, he is compelled to pay for both — as one who is obligated to swear but cannot.