Levi spotted his friend Yisroel coming up the block pulling a shopping cart. “You look busy,” Levi said.
“Yes, I bought challah and a boxed birthday cake from the bakery, fruit and other groceries,” Yisroel replied. “The car wasn’t available, so I took the shopping cart.”
“Are you in a rush?” Levi asked. “I want to discuss something with you.”
“I have time,” Yisroel replied.
While they were talking, Yisroel got a phone call. “I’ve got to run,” he said suddenly. “I forgot that I have a doctor’s appointment now and I’m already late. Can I leave the shopping cart in your backyard? I’ll pick it up later.”
“You’re welcome to leave it there,” said Levi. Yisroel brought the shopping cart around the back.
While Yisroel was at the doctor, it rained. When he returned two hours later, he told Levi, “The doctor’s office was a madhouse!” I hope you brought the shopping cart in when it rained.”
“Oh, my — I forgot all about it!” exclaimed Levi. The two went out back. The box was soaked and the cake was ruined.
“I expected that you would take the cart inside when the rain began,” said Yisroel. “It was negligence to leave it outside.”
“I allowed you to leave the cart in the backyard,” said Levi, “but never accepted responsibility for it.”
“Who did you think would watch it while I was gone?” asked Yisroel. “When you said that I could leave the shopping cart there, I assumed you intended to take care of it.”
“I wasn’t really thinking,” replied Levi. “Things in the backyard usually don’t need watching. I also didn’t expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake.”
“Let’s ask Rabbi Dayan,” suggested Levi.
Levi and Yisroel went to Rabbi Dayan. Yisroel asked: “If Levi told me that I can leave my shopping cart in his backyard, is he liable if the contents got ruined in the rain?”
“The Gemara (B.K. 47b; B.M. 81b) teaches that a person is liable as a guardian only if he accepted responsibility for the item,” replied Rabbi Dayan. “If he granted permission to leave it in his property without accepting responsibility, he is not liable.”
Levi asked, “What constitutes accepting responsibility?”
“Saying ‘Leave it with me’ is considered accepting responsibility,” answered Rabbi Dayan. “Simply saying ‘Leave it,’ or ‘Put it down’ is a dispute among the Tanna’im; Shulchan Aruch rules that it is not viewed as accepting responsibility. Therefore, Levi bears no liability” (C.M. 291:2-3).
“Is it all a function of language?” asked Yisroel.
“No, it also depends on circumstances,” replied Rabbi Dayan. “For example, some maintain that permission to leave an object inside one’s house implicitly includes accepting responsibility, since only the homeowner will remain present (Shach 291:8).
“Similarly, the Rosh (Respona 94:2, 4) writes that someone who was traveling and gave permission to place something on his donkey is considered as accepting responsibility. If he will not guard the item — who will? Only in a secure place, or where the item’s owner may remain present, do we view the statement ‘Leave it’ as permission to place the object there without acceptance of responsibility” (See Nesivos 291:2, 8; Pischei Choshen, Pikadon 2:20-24).
“I should add, though,” concluded Rabbi Dayan, “that although Levi is not liable as a guardian for leaving the shopping outdoors, he was required to have brought it in as hashavas aveidah. The mitzvah entails not only returning lost items, but also protecting another Jew’s property from damage. However, neglect of doing hashavas aveidah does not carry financial liability” (see C.M. 259:9).