Can an unpaid watchman pay for a lost fungible item (like produce) without swearing an oath?
For standardized, market-available items, no oath is needed before payment. For unique items — animals, decorated garments, custom utensils — a Rabbinic oath is required first, to prevent coveting.
Question 2
A watchman claims he stipulated with the depositor to store money in the corner of his house. The depositor denies this. Whose word prevails?
Since the watchman could have simply claimed 'I guarded properly but it was lost by force,' he is believed when he claims they made a prior agreement. He must still swear he didn't misappropriate it.
Question 3
What three elements must a watchman include in the standard guardians' oath (shevuat shomrim)?
The Rambam explicitly lists all three required elements of the watchmen's oath, each addressing a different possible form of wrongdoing.
Question 4
Witnesses testify that a watchman was negligent with a deposit. The watchman then claims there was a prior stipulation allowing substandard care. Is his claim accepted?
With witnesses proving negligence, the watchman's claim of a stipulation is inadmissible. He must pay — his oral claim cannot overcome clear testimonial evidence.
Question 5
The owner claims he deposited 100 se'ah of wheat; the watchman says he only received 50 se'ah. What type of oath applies?
When the watchman admits a partial claim (50 of 100), a Biblical oath for partial admission applies — not the guardians' oath, which requires admitting the item's loss specifically.