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What is the fundamental difference between shevuah and eidus in shomrim cases? Rashi (רש"י)'s approach, challenged by Ramban (רמב"ן), distinguishes between establishing the trustworthiness of a person (shevuah) and establishing objective facts (eidus). The shiur shows that by shomer chinam, where liability depends only on wrongdoing, shevuah suffices; by shomer sachar, where the specific cause of loss matters, eidim are required to establish facts.
The shiur addresses two challenges the Ramban (רמב"ן) raises against Rashi (רש"י)'s commentary on the laws of shomrim (bailees) in Parshas Mishpatim, and offers a unified approach to resolve both. The first case involves a shomer chinam (unpaid guardian). The Torah (תורה) states that if the thief is not found, the guardian comes to court and takes an oath. Rashi explains the oath as "shelo shalach yado" — that he did not personally take or use the deposited item. The Ramban objects: Why would Rashi focus on this oath? Since a shomer chinam is exempt from liability for theft and loss, the primary oath should be that the item was stolen (shenignav). That is the factual basis for his exemption. Why does Rashi emphasize the oath that he did not misappropriate the item rather than the oath establishing the theft itself?
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Parshas Mishpatim (Shemos 22:6-12)
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