to borrow them or dispose of them in any way. Even if he sells or buys with them, he is liable.

It is understood from his statement, “from their secure place,” that if he does not remove them from their secure place but changes their location—for example, if they are on the upper shelf of a chest and he places them on the shelf below it, or if they are on the lower shelf and he places them on the shelf above it, while the chest remains the same—then, although he has undoubtedly changed their location, he has not removed them from their secure place, and so he is not liable.

If he takes them out in order to clean the chest, for example, then forgets them so that they remain outside the chest and are stolen, it is possible to say that he is liable, because with respect to another person’s right, mistake, forgetfulness, deliberateness, and recollection are all treated alike. Yet it may also be said that he is not liable, because according to common practice this is not considered negligence. When liability and non-liability are in conflict, and the possession is one of trusteeship, the basic presumption is non-liability.

His statement, “then returns them,” means that he is liable even if they are taken from the secure place after he has returned them. Likewise, if he sees an advantage in buying some merchandise, takes out the entrusted property, and purchases the merchandise for the owner of the deposit in hopes of profit, he is liable, because he was not authorized to do so—unless, that is, its owner had told him: “If you see an advantage in selling, buying, or anything else, then act accordingly.” In that case, he is not liable.

His statement, “or removes the seal”: he is liable, even if he replaces the seal afterward. A seal was customarily made in earlier times by placing coins in a bag, tying it with cords, then applying wax—melted over a fire and poured onto the end of the cord—and then