Q&A: Duty of Disclosure
Duty of Disclosure
Question
An unpaid custodian claims that the item was stolen, takes an oath, and is exempt. Is he obligated to tell the owner surrounding details—where he placed the item, when he noticed it had been stolen, whether he saw what the thief looked like or what car he was driving, where the break-in occurred, and so on? Or does he simply swear, laconically, “It was stolen,” and wave off the owner the way an ox flicks away an annoying fly with its tail? First, this is like examination and cross-examination of witnesses, so that the religious court can be convinced that the story is credible. But beyond that, as the owner’s right, for several conceivable reasons: he wants to be convinced of the story’s credibility; perhaps he may find a way to catch the thief through clues and by connecting it to other cases; to satisfy his human curiosity; and to improve his knowledge of the capabilities of thieves in the area.
Answer
It does not seem to me that he needs to provide any details. The oath is supposed to give the owner the information he needs. The religious court clarifies with the custodian whether he guarded it properly, of course, and in that context he describes to them what he did.