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# 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> | ## 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> | ||
# 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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In Mordechai Bava Kama (Remez 207), a story is quoted of a person who borrowed a sword which he later lost. It turned out that the sword really had been used as collateral for a loan by the lender. Therefore when the borrower lost the sword, he had not only caused a loss of the sword itself, but rather the loss of the entire loan. The Mordechai writes that the borrower is only liable to pay the value of the sword proper, since the borrower was not aware of the sword's collateral value when he borrowed the sword.</ref> | In Mordechai Bava Kama (Remez 207), a story is quoted of a person who borrowed a sword which he later lost. It turned out that the sword really had been used as collateral for a loan by the lender. Therefore when the borrower lost the sword, he had not only caused a loss of the sword itself, but rather the loss of the entire loan. The Mordechai writes that the borrower is only liable to pay the value of the sword proper, since the borrower was not aware of the sword's collateral value when he borrowed the sword.</ref> | ||
# If someone gives an item to a child to watch the child does not become a shomer.<ref>Pitchei Choshen 3:1.15</ref> | |||
# If a child gives something to watch to an adult, it is disputable whether the adult becomes a shomer.<ref>Pitchei Choshen 3:1.18</ref> | |||
# 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. | |||
## land | |||
## servants | |||
## debt documents | |||
#The rules of shomer do not apply to assets received from non-Jews | |||
#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 == | == Shomer Shmasar Lshomer == | ||
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# 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> | # 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 | ## If the Shomer explicitly asks the owner of the item permission, he can agree to a different standard of shmira | ||
== 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 | # 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.<ref>Pitchei Choshen 3:2.2</ref> | ||
# In order to be considered a shomer sacher, he must be paid a salary | # In order to be considered a shomer sacher, he must be paid a salary (minimum 1 prutah) to watch the item.<ref>Pitchei Chosen 3:1.2</ref> | ||
# A craftsman is a shomer sacher for the things which he repairs.<ref>Pitchei Choshen 3:1.3</ref> | |||
# A craftsman is a shomer sacher for the things which he repairs | # A broker is a shomer Sachar for the items he stores on behalf of a seller.<ref>Pitchei Choshen 3:1.5</ref> | ||
# A broker is a shomer Sachar for the items he stores on behalf of a seller | # Someone who is paid to deliver something is a Shomer sacher for the item.<ref>Pitchei Choshen 3:1.4</ref> | ||
# Anyone who profits because of an item which they are watching becomes a shomer sacher for it.<ref>Pitchei Choshen 3:1.4</ref> | |||
# 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.<ref>Pitchei Choshen 3:1.7</ref> | |||
# If someone receives a non-financial benefit because they watched an item (like a favor), they are a shomer sacher. <ref>Pitchei Choshen 3:1.9</ref> | |||
# A paid babysitter who takes a kid to the park is a shomer sachaer on the stroller and toys brought along.<ref>Pitchei Choshen 3:1.7 footnote 17</ref> | |||
== Socher == | == Socher == | ||
A socher is someone who pays money in order to rent an item. A socher has the same liabilities as shomer sacher. | A socher is someone who pays money in order to rent an item. A socher has the same liabilities as shomer sacher. | ||
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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. | 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.<ref>Shach CM 340.6</ref> | |||
== ''Balav imo'' == | == ''Balav imo'' == | ||
