Responsa for Bava Metzia 7:8

שׁוֹמְרֵי פֵרוֹת אוֹכְלִין מֵהִלְכוֹת מְדִינָה, אֲבָל לֹא מִן הַתּוֹרָה. אַרְבָּעָה שׁוֹמְרִין הֵן. שׁוֹמֵר חִנָּם, וְהַשּׁוֹאֵל, נוֹשֵׂא שָׂכָר, וְהַשּׂוֹכֵר. שׁוֹמֵר חִנָּם נִשְׁבָּע עַל הַכֹּל, וְהַשּׁוֹאֵל מְשַׁלֵּם אֶת הַכֹּל, וְנוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר נִשְׁבָּעִים עַל הַשְּׁבוּרָה וְעַל הַשְּׁבוּיָה וְעַל הַמֵּתָה, וּמְשַׁלְּמִין אֶת הָאֲבֵדָה וְאֶת הַגְּנֵבָה:

Watchers of fruits eat by the law of the land, [this having become the practice], but not by Torah law. [("watchers of fruits":) watchers of pressing vats and (fruit) piles; but watchers of gardens and orchards eat neither by the law of the land nor by Torah law, for a watcher is not like a worker.] There are four watchers: an unpaid watcher, a borrower, a paid watcher, and a hirer. An unpaid watcher swears on everything [i.e., on all things for which other watchers are stated to be liable. He swears that this and this occurred to him, and he is exempt.] A borrower pays for everything [theft, loss, and accident]. A paid watcher and a hirer swear that (a beast was) "broken," or seized, or died (and they are exempt), and they pay for loss and theft. [All are derived from verses in Mishpatim. The first section (Exodus 22:6): "If a man give to his neighbor, etc." speaks of an unpaid watcher, who is not liable for theft and loss. The second (Ibid. 9): "If a man give to his neighbor an ass or an ox or a lamb," speaks of a hired watcher, who is liable for theft and loss, it being written in that regard (Ibid. 11): "And if stolen it will be stolen from him, he shall pay to its owner." This tells me only of theft. Whence do I derive (liability for) loss? From: "If stolen it will be stolen" — in any event (i.e., any manner of loss. What is more, it follows a fortiori, viz.: Now, if he is liable for theft, which is close to being an accident, how much more so for loss, which is close to being dereliction! And a hirer, since the entire benefit is not his, is regarded as a hired watcher. A borrower is spoken of in the third section, viz. (Ibid 13): "And if a man borrow from his neighbor, and it be broken or die, its owner not being with it, pay shall he pay."]

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