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Shomrim: Difference between revisions
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# Someone does not become a shomer until the owner of the item asks them to watch the item, and the other party verbally accepts to watch the item. | # Someone does not become a shomer until the owner of the item asks them to watch the item, and the other party verbally accepts to watch the item. | ||
# Some say that even if the person has agreed to be a shomer, his responsibilities as shomer don't begin until he makes a formal act of acquisition on the item.<ref>Shulchan Aruch CM 291:4</ref> | # Some say that even if the person has agreed to be a shomer, his responsibilities as shomer don't begin until he makes a formal act of acquisition on the item.<ref>Shulchan Aruch CM 291:4</ref> Because there is a dispute over whether an act of acquisition is actually require, in situations where someone accepted to be a Shomer but did not do a kinyan, we don't treat the person as a shomer.<ref>https://baishavaad.org/does-a-shomer-need-to-make-a-kinyan/</ref> | ||
## however- if a Shomer is paid, receiving the payment is a form of acquisition.<ref>https://baishavaad.org/does-a-shomer-need-to-make-a-kinyan/</ref> | |||
# If the owner asks someone to watch something, and the other person responds "leave it," the person's response is not considered to be acceptance of the role of shomer.<ref>Shulchan Aruch CM 291:2</ref> | # If the owner asks someone to watch something, and the other person responds "leave it," the person's response is not considered to be acceptance of the role of shomer.<ref>Shulchan Aruch CM 291:2</ref> | ||
## if someone at an airport asks to leave something with someone else, the person with the item does not become a shomer.<ref>https://baishavaad.org/how-does-one-accept-the-responsibility-to-be-a-shomer/</ref> | |||
# At the time of acceptance as shomer, the shomer is able to ask the owner to change his liability if something goes wrong. | # At the time of acceptance as shomer, the shomer is able to ask the owner to change his liability if something goes wrong. | ||
# If someone gives something to carry somewhere- it is assumed that by taking the item someone has become a shomer Chinam.<ref>Shut Rosh 94:2. The Rosh was asked about a case where Reuben (pseudonym) heard that Shimon (pseudonym) would be traveling to a nearby city. Reuben asked Shimon to carry a pair of shoes for him. Shimon agreed. Shimon put the shoes on his donkey without tying them down. When Shimon got off his donkey to use the bathroom, the shoes fell off and were lost. Reuben demanded that Shimon pay for his negligence because Shimon was a Shomer Chinam. | # If someone gives something to carry somewhere- it is assumed that by taking the item someone has become a shomer Chinam.<ref>Shut Rosh 94:2. The Rosh was asked about a case where Reuben (pseudonym) heard that Shimon (pseudonym) would be traveling to a nearby city. Reuben asked Shimon to carry a pair of shoes for him. Shimon agreed. Shimon put the shoes on his donkey without tying them down. When Shimon got off his donkey to use the bathroom, the shoes fell off and were lost. Reuben demanded that Shimon pay for his negligence because Shimon was a Shomer Chinam. | ||
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This teshuva of the Rosh is quoted in the Shulchan Aruch CM 291:2.</ref> | This teshuva of the Rosh is quoted in the Shulchan Aruch CM 291:2.</ref> | ||
# If someone were to to ask someone else to use the other person's safe, the safe owner asked not accepted to be a Shomer for the item placed in the safe.<ref>https://baishavaad.org/if-i-let-someone-put-something-in-my-safe-for-safekeeping-do-i-become-a-shomer/</ref> | |||
# One is only a shomer for that which the shomer is aware of. Some say if you accepted the role of Shomer mistakenly, you are not a shomer.<ref>Shulchan Aruch CM 291:4. | # One is only a shomer for that which the shomer is aware of. Some say if you accepted the role of Shomer mistakenly, you are not a shomer.<ref>Shulchan Aruch CM 291:4. | ||
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# One guard should not give the item to another guard to watch. However, he could give it to his wife or children to watch.<reF>Bava Metsia 36b, Shulchan Aruch C.M. 291:21</ref> | # One guard should not give the item to another guard to watch. However, he could give it to his wife or children to watch.<reF>Bava Metsia 36b, Shulchan Aruch C.M. 291:21</ref> | ||
==Shomer Chinam== | ==Shomer Chinam== | ||
# A shomer chinam, someone watching someone's property for free, is | # A shomer chinam, someone watching someone's property for free, is only obligated in a case of negligance.<ref>Bava Metsia 94b, Shulchan Aruch C.M. 291:1</ref> | ||
# When a shomer chinam loses something he's exempt. Some say that he is exempt once he put in a safe place and doesn't remember where he left it. Others argue that he is obligated in such a case because of negligence. Rather he is only exempt if he left it in a safe place and now he looks in that place and doesn't see it. He is exempt even though there's no suspicion of a robbery but nonetheless if it was moved by someone else or the like it is called losing an object and is exempt.<ref> Gemara Bava Metsia 35a explains that if a person lost an object because he doesn't know that is negligence and not exempt. Meiri b"m 35a quotes two opinions about the definition of losing an object that is exempt. Some say that one is exempt anytime one put it in a safe place but if one doesn't remember where he left it that is negligence since he didn't put it in a safe place. However, others say that it is negligence if one doesn't remember where one left it even if one certainly put it in a safe place. Shomrim Hafked p. 138 explains that according to the second opinion the only time one is exempt for losing an object is if one looks in the place where one left it and it isn't there but there was no evidence of thievery. This is implied by Igrot Moshe CM 1:32. Ritva b"m 35a follows the first opinion of the Meiri, but the Rambam and Shulchan Aruch CM 291:7 follow the second opinion. Shomrim Hafked does as well.</ref> | # When a shomer chinam loses something he's exempt. Some say that he is exempt once he put in a safe place and doesn't remember where he left it. Others argue that he is obligated in such a case because of negligence. Rather he is only exempt if he left it in a safe place and now he looks in that place and doesn't see it. He is exempt even though there's no suspicion of a robbery but nonetheless if it was moved by someone else or the like it is called losing an object and is exempt.<ref> Gemara Bava Metsia 35a explains that if a person lost an object because he doesn't know that is negligence and not exempt. Meiri b"m 35a quotes two opinions about the definition of losing an object that is exempt. Some say that one is exempt anytime one put it in a safe place but if one doesn't remember where he left it that is negligence since he didn't put it in a safe place. However, others say that it is negligence if one doesn't remember where one left it even if one certainly put it in a safe place. Shomrim Hafked p. 138 explains that according to the second opinion the only time one is exempt for losing an object is if one looks in the place where one left it and it isn't there but there was no evidence of thievery. This is implied by Igrot Moshe CM 1:32. Ritva b"m 35a follows the first opinion of the Meiri, but the Rambam and Shulchan Aruch CM 291:7 follow the second opinion. Shomrim Hafked does as well.</ref> | ||
# A shomer chinam needs only to do the minimum necessary to guard again everyday dangers | |||
# There is no one fast rule on how much a Shomer chinam is recquired to watch an item. The level of shmira depends on the nature of the watched item and its vulnerabilities. A shomer chinam must follow this standard of care, even if he is not so careful with his own possessions. <ref>SA CM 291:13-18</ref> | |||
## If the Shomer explicitly asks the owner of the item permission, he can agree to a different standard of shmira | |||
# A shomer chinam | |||
== Shomer Sachar == | == Shomer Sachar == | ||
# A shomer sachar is liable for all situations that the item is lost, except when the loss happened outside of his control | # A shomer sachar is liable for all situations that the item is lost, except when the loss happened outside of his control | ||
# A Shomer sacher is obligated to guard against even unlikely dangers | |||
# In order to be considered a shomer sacher, he must be paid a salary for his work with the item. | # In order to be considered a shomer sacher, he must be paid a salary for his work with the item. | ||
# Any person who profits because of the item is considered a shomer sachar | # Any person who profits because of the item is considered a shomer sachar | ||
