Correct, "captured" is by force, and "stolen" is without force (although "night" is not a pre-requisite).

Shimon Brodie

PS Sorry for the long delay, there were a few issues on the homefront, but TG everything is just fine now.

Shalom R' Eliyahu,

This is an excellent question.

I understand that the basic explanation of the difference is the following. If it was captured, that is an Ohness; meaning, it is totally unreasonable, if not impossible, to expect the guardian to have been able to prevent it from happening. This is not true, however, for ordinary theft, in which the Shomer Sachar would be Chayav since is not an Ohness because techincally it could have been prevented if the item had been guarded securely.

But, perhaps surprisingly, I see that other commentaries are cited as maintaining that a Shomer Sachar is Chayav for all Gneivah even if it was an Ohness. I would understand, however, that even this opinion would agree that in a case of armed bandits who capture the animal that the guardian would be exempt.

The main sources in the comments of Tosfos to be aware of regarding this issue are in Bava Kama (57a DH Kegon) which cites the opinion of the Ree who maintains the second opinion we discussed above, that the Torah obligates a paid guardian to pay for theft even if it's an Ohness, except if it is perpetrated by armed bandits (that is what's meant by "Shevuyah"), and also in Bava Metzia (42a DH Amar) which discusses the possibility as well.

Warmest regards,

Yishai Rasowsky