ABSTRACT

The Bible’s language of bailment is general ( A1 ), simply outlining what happens when an item is placed in the care of someone else. The Mishnah expands on the detail in the Bible, creating distinct categories of bailee and explaining that when a bailee is allowed to derive benefit from the bailment (for example, when one takes care of a friend’s ox and uses that ox to plow a field), he bears liability for losses. In fact, liability and profits both rest on a continuum: the paid bailee is compensated and therefore bears greater responsibility than the unpaid bailee, and the renter’s outlay protects him from some of the liability ascribed to the borrower.