Sefer HaChinuch ספר החינוך

The commandment on the court to judge the case of one who takes a wage and of a renter: To judge the case of one who takes a wage and a renter. And the understanding of one who takes a wage is someone who guards a deposited item for a wage they give to him for guarding [it]; and [of] a renter is like its simple meaning, that he rented an animal from his fellow to ride or to do work, or he rented movable objects from him. And [if a] disagreement arose between the renter and the owner or between the owner of the deposited item and the one guarding it for a wage, it is a commandment upon us to adjudicate between them, as it is written in this section (Exodus 22:9), “If a man gives to another a donkey, an ox, a sheep or any animal to guard, etc.”

The root of the laws is well-known.

Its laws are for example, that which they, may their memory be blessed, said (Bava Metzia 93a) that we take an oath on the things of great duress (out of one’s control), but pay for theft or loss — since there is some negligence and some duress in this and because of the wage that we take for this, we are obligated to pay, which is not the case with the free guardian, who is exempt from everything except for negligence; the laws of the rental of workers (Bava Metzia 75b), the rental of animals and houses; the law of a craftsman that ruins [an item] (Bava Kamma 98b); one who shows a coin to a storekeeper and it is found to be bad (Bava Kamma 99b); the law that one who rents [the item, as well as hiring the] owners is exempted (Bava Metzia 4a); the laws of beginning with negligence and ending with duress (Bava Metzia 42a); the laws of a guardian who gave [the item] over to [another] guardian and the latter added or reduced its [level] of guardianship (Bava Metzia 36b); the matter that anyone who deposits, deposits with the knowledge that it is [also deposited to the guardian’s] wife and adult children (Bava Metzia 36b); that which they, may their memory be blessed, said (Bava Metzia 29b) that the renter is not permitted to rent it out. And Ramban, may his memory be blessed, wrote (it seems that the correct version reads Rambam, the source being Mishneh Torah, Laws of Hiring 2:5) that they only said this about movable objects — since it is not his will that his deposit be in the hand of another. But one who rents a house and wants to rent it out to another is permitted, so long as the later [inhabitants] be the same as the number of the first; and so [too] with a boat. But there are those that disagree with him (Raavad on Mishneh Torah, Laws of Hiring 2:5). And the rest of its details are elucidated in the sixth and seventh chapters of [Bava] Kamma, the third and sixth of [Bava] Metzia and the eighth of Shevuot. (See Tur, Choshen Mishpat 303-313.)

And [it] is practiced by males in every place and at all times. And if [one] transgressed it and did not judge — if he was fitting for it — he violated a positive commandment. And even though we were commanded to judge more generally with the law of the plaintiff and the defendant, the Torah added the command of guardians in particular, because they are common matters in human communities.