Our Gemara on amud aleph discusses what happens when two people agree to watch each other’s possessions. Since they are both doing it in exchange, they are considered to be paid watchmen and liable for theft that could have been prevented by more vigilance. However, the Gemara raises an objection:
But why is this the halacha? It is a case of safeguarding with the owners simultaneous involvement! There is a principle that a watchman is exempt from paying for the damage if the owner of the item is present with the bailee or in his employ when he is safeguarding the item (Shemos 22:13). Rav Pappa said: The mishna means that he said to him: Safeguard my property for me today and I will safeguard your property for you tomorrow. At the time of his safeguarding, the owner was not in the bailee’s employ, and therefore the regular liabilities of the paid watchman apply.
Continuing along the lines of yesterday’s daf, where we used the metaphor of the watchman to understand aspects of our engagement with God and our contract with Him, Agra Dekallah (Eikev 1) uses this idea to explain a difficult verse (Devarim 7:12):
וְהָיָ֣ה ׀ עֵ֣קֶב תִּשְׁמְע֗וּן אֵ֤ת הַמִּשְׁפָּטִים֙ הָאֵ֔לֶּה וּשְׁמַרְתֶּ֥ם וַעֲשִׂיתֶ֖ם אֹתָ֑ם וְשָׁמַר֩ הַאֱלֹקֶיךָ לְךָ֗ אֶֽת־הַבְּרִית֙ וְאֶת־הַחֶ֔סֶד אֲשֶׁ֥ר נִשְׁבַּ֖ע לַאֲבֹתֶֽיךָ׃
And if you do obey these rules and safeguard them carefully, your God will faithfully safeguard for you the covenant made on oath with your fathers.
Agra Dekallah asks, why does God need to “guard” His oath? God is capable of keeping His promises and needs no reminders or vigilance. The verse could have said simply, “God will honor His oath” However, if we understand that there is an obligation for man to safeguard his soul and that is part of the covenant, and since the verse is promising a reward, this would incur the obligations of a paid watchman. As we have seen a paid watchman is liable even for theft, when extra vigilance could have prevented it. So too, in that case, a person would be liable even for sin that could have been prevented by exceptional caution and mindfulness. That is a high standard. To relieve us of this extraordinary burden, God employs the legalism of our Gemara. If two agree to watch at the same time, then a watchman is exempt from paying for the damage if the owner of the item is present with the bailee or in his employ when he is safeguarding the item. Therefore, God says, “Watch for me, and I will watch for you”, so this is a simultaneous agreement and watching together.
We must keep in mind that we are not alone in our journey and our efforts. God is there to help us, and says, you watch mine and I’ll watch yours, and I am with you, so you are not alone in the responsibilities.
Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation
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