Shomrim

When someone temporarily has someone else's property, they become a shomer- or bailee in contemporary English. As shomer, they have a responsibility towards the item, and a corresponding liability if something goes wrong.

The Torah (Shemot 22:6-14) distinguishes between four categories of shomrim who each have a different level of liability and responsibility

Shomer Chinam- Someone who watches someone else's item for no salary

Shomer Sachar- Someone who is paid to watch something

Socher- Some who rents something

Shoel- Someone who borrows something.

How do you become a shomer?

1. 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.
2. 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. 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.
   1. however- if a Shomer is paid, receiving the payment is a form of acquisition.
3. 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.
   1. if someone at an airport asks to leave something with someone else, the person with the item does not become a shomer.
4. If someone gives something to carry somewhere- it is assumed that by taking the item someone has become a shomer Chinam.
5. 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.
6. 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.
7. If someone gives an item to a child to watch the child does not become a shomer.
8. If a child gives something to watch to an adult, it is disputable whether the adult becomes a shomer.
9. The rules of shomer do not apply to the following types of assets. It is disputed whether someone who watches the following items is liable if he is negligent.
   1. land
   2. servants
   3. debt documents
10. The rules of shomer do not apply to assets received from non-Jews
11. For cases where the rules of shomer don't apply- the person receiving the item to watch can still become liable if he does a formal act of kinyan.

Shomer Shmasar Lshomer

1. One guard should not give the item to another guard to watch. However, he could give it to his wife or children to watch.

Shomer Chinam

1. A shomer chinam, someone watching someone's property for free, is only obligated in a case of negligance.
2. 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.
3. A shomer chinam needs only to do the minimum necessary to guard again everyday dangers
4. 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.
   1. If the Shomer explicitly asks the owner of the item permission, he can agree to a different standard of shmira

Shomer Sachar

1. A shomer sachar is liable for all situations that the item is lost, except when the loss happened outside of his control.
2. A shomer sacher must watch the item with a higher level of care than a shomer chinam. A shomer sacher must protect the item even against dangers that are unlikely.
3. In order to be considered a shomer sacher, he must be paid a salary (minimum 1 prutah) to watch the item.
4. A craftsman is a shomer sacher for the things which he repairs.
5. A broker is a shomer Sachar for the items he stores on behalf of a seller.
6. Someone who is paid to deliver something is a Shomer sacher for the item.
7. Anyone who profits because of an item which they are watching becomes a shomer sacher for it.
8. A housekeeper is a shomer sacher if he is given something to watch. Some say that a housekeeper is a shomer sacher on everything in the house.
9. If someone receives a non-financial benefit because they watched an item (like a favor), they are a shomer sacher.
10. A paid babysitter who takes a kid to the park is a shomer sachaer on the stroller and toys brought along.

Socher

A socher is someone who pays money in order to rent an item. A socher has the same liabilities as shomer sacher.

Shoel

A shoel or borrower is someone who is given an item to use temporarily for free. The shoel is liable if anything happens to the item, even if it is not a fault of his own. A shoel is only exempt is damage happened to the item from the task for which it was lent.

There is a dispute over what kinds of damage are exempted. Some say that that the borrower is only exempt if the item is harmed from the task for which the item was lent; for example if someone borrows an animal and the animal is harmed from the strain of work. If someone borrowed an animal for a journey and rob

A town is attacked by raiders and one of the townspeople borrows weapons from another- and the townspeople lose the battle and the weapons are captured. Some say that the borrower is exempt from liability for the weapons, since the loss of weapons in battle is a risk of weapons borrowing. Others say that the borrower is obligated, because there is nothing wrong with the weapons.

Balav imo

A shoel and socher are exempt from liability if they began work accompanied by the owner.