Is a tailor working on a garment considered a paid guardian for another garment
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Question
Clothes were given for repair to a tailor, including a coat, and the tailor told him that he could not repair the coat. The owner asked him to keep the coat, and he would come to take all the clothes together when they were ready. When he came, the coat was not there, and it seems it was lost or stolen. Is the tailor obligated to pay?
Answer
For the other clothes he is repairing, he is considered a paid guardian, but for this coat, he is an unpaid guardian. If he says he does not know where he placed it, he is considered negligent and must pay. If he knows where it was placed but does not find it there, it is considered theft or loss, and it is difficult to obligate him to pay.
Source
Shulchan Aruch, Choshen Mishpat, Siman 291
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