Shevu'as Hashem Tih'yeh ? ". What does the Shomer swear?
Rashi: He swears that he did not take the article for himself, because if he did and an Oneis subsequently occurs, he is liable. 1
Even though he did not use it for a task that caused it to depreciate. See R. Bachye.
Why does the Torah declare the Shomer Chayav for Geneivah, when in Pasuk 7, it declared him Patur for Geneivah and Aveidah?
Rashi and Targum Yonasan: Because the earlier Parshah is referring to a Shomer Chinam who is only Chayav for Peshi'ah, whereas the current one is referring to a Shomer Sachar, who is only Patur from Onsin. 1
Why does the Torah use the double Lashon "Ganov Yiganev"?
What are the implications ofr the word "me'Imo"?
Mechilta: It exempts a Shomer who hands the sheep to a junior shepherd (which is normally done) but incorporates one who hands them over to a senior shepherd (which is not). 1
See Torah Temimah, note 140 and ha'Torah ve'ha'Mitzvah.
Why will a Shevu'ah not suffice to exempt the Shomer Sachar (like in Pasuk 10)?
Ramban #1: In fact, the Din is the same in both cases - If there are witnesses, the Shomer brings them to substantiate his claim, and if not, a Shevu'ah will suffice. And the Torah mentions witnesses here and a Shevu'ah above, because when the animal dies in its owner's domain or falls off a cliff 1 or is stolen by armed bandits, in all likelihood there are no witnesses; whereas when a lion or a bear attacks the herd, all the shepherds gather to try and stave it off.
Ramban #2 and Seforno: It is for the same reason that Isi ben Yehudah, commenting on Pasuk 9, extrapolates from "Ein Ro'eh" that if the Oneis occurs in a location where there are witnesses, then we do not rely on a Shevu'ah.
