When Forgetting Where You Put Something is Considered Negligence
Is Forgetting where You Put Another’s Belongings Considered Negligence?
A shomer (guardian) of an object has an obligation to look after the item and assume responsibility for it. The degree of the shomer‘s responsibility for any damage or loss depends both on the type of guardianship as well as the circumstances of the loss. The circumstances can fall under one of the following:
1. mazik b’yadayim (the guardian himself damaged the item);
2. pshiah (the guardian was negligent);
3. avaidah (the item was lost);
4. gnaivah (the item was stolen);
5. oness (the item was damaged or ruined due to an unavoidable accident);
6. meisah machmas melachah (the item broke in the course of normal use.) This is applicable only if the guardian was given permission to use the item, e.g. if they are a renter or a borrower.
One who is mazik b’yadayim or commits an act which is deemed a pshiah, is always culpable. However, if a gnaivah or avaidah occurred, it depends on the type of guardianship and the level of responsibility that the shomer has assumed. Avaidah applies if the item was stored properly, but for some unknown reason, it disappeared. If, however, the guardian didn’t look after the item properly, leaving it in a place where there was a high probability of it being lost or stolen, it is considered a mazik b’yadayim. Similarly, if the guardian has forgotten where they put the item, it does not fall under the category of avaidah, but rather pshiah. The guardian is obligated to place the item in a safe place where they store their own valuables, and write down exactly where they put it. If a person says, “I don’t recall where I put it, but give me some time and I will try to find it,” we do not give them time to find it. #398
https://halacha2go.com?number=398