Date: 16 Shevat 5593
From: Rabbi Moshe Sofer
To: Rabbi Ber
The Chasam Sofer analyzes the chain of custody of a promissory note that was burned by a business partner acting as bailee, determining liability for each party — the non-Jewish prospective buyer, the youth-messenger, and the partner — based on their respective levels of guardianship. Since the damaged item is a shtar, no Torah oath can be imposed, though rabbinic remedies of oath, cherem, and payment may apply. He also provides a novel justification for the biblical exclusion of shtaros from shomrim laws: it is needed to preclude modeh b'miktzas oath obligations and to prevent shlichus yad from creating Torah-level acquisition of shtaros.
Source: Shu"t Chasam Sofer CM §94