The Liability of a “Shomer Hinam” – an Unpaid Guardian—

One who agrees to watch another person’s possession without pay does not bear liability if the item is lost, unless he was negligent and did not watch the item with basic diligence. In principle, he must make an oath that he was not negligent, but since oaths are discouraged nowadays, the court in such a case will help the parties reach a reasonable settlement, or persuade the owner to accept the guardian’s claim without an oath.

Adopted from the class of Rabbi Eli Mansour