By Rabbi Meir Orlian | |||
#120 |
Re'eh |
17.08.2012 |
N/A |
Q: I was entrusted with an item. May I hand it over to someone else to watch?
A: A guardian may not hand over an entrusted item to another guardian (see Aruch Hashulchan, C.M. 291:45-46). He is allowed to leave it in the care of his wife and mature children or other household members, since this is expected. However, he may not leave it in the care of his young children or other relatives who are not members of his immediate household (C.M. 291:21).
If the guardian is known not to guard by himself, but to entrust what he receives to subcontractors, this is comparable to handing over to household members and is to be expected (291:22).
If the guardian transferred the entrusted item to someone he was not supposed to give it to, it is considered negligence. He remains liable unless there is evidence that the second guardian watched properly. An oath by the second guardian does not suffice, since the owner can claim that he does not trust him. However, if the owner is accustomed to entrust items to the second person, his oath is acceptable. Similarly, if the original guardian has firsthand knowledge of what happened, he can swear (291:26).