“In that case, since the guardian admits partially and cannot swear about the remainder, some maintain he must pay even without an oath by the owner, based on the rule of mitoch she’aino yachol lishava meshalem,” replied Rabbi Dayan.
“Others maintain that this principle does not apply, though, since the guardian is not expected to know how much was inside, so that an oath by Mr. Meyers is still required.” (90:10; 298:1)
Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to firstname.lastname@example.org. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail email@example.com.