||If one person gives another money or articles to watch, and they are stolen from the house of the person [keeping them], then if the thief is found, [the thief] must make [the usual] double restitution.
Ki-yiten ish el-re'ehu kesef o-chelim lishmor vegunav mibeyt ha'ish im-yimatse haganav yeshalem shnayim.
||If the thief is not found, the owner of the house shall be brought to the courts, [where he must swear] that he did not lay a hand on his neighbor's property.
Im-lo yimatse haganav venikrav ba'al-habayit el-ha'Elohim im-lo shalach yado bimelechet re'ehu.
Without paying for their being watched (Targum Yonathan; Bava Metzia 94a). These are items that are usually watched without fee (Ramban; Tosafoth, Bava Metzia 41b, s.v. Karna).
(Bava Kama 63b; Rashi). See Exodus 22:3.
|lay a hand on|
That he did not hide the missing article (Rashbam; Ramban). Or, 'that he did not make personal use of the article' (Bava Metzia 41a). Since the custodian has no right to make personal use of the articles in his safekeeping, as soon as he does so, he becomes like a thief, and thus has full responsibility for any loss. See Exodus 22:10.