Shomrim
UNDER CONSTRUCtion
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 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?
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 acquistion on the item.
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.
At the time of acceptance as shomer, the shomer is able to ask the owner to change his liability if something goes wrong.
Some say if you accepted the role of Shomer mistakenly, you are not a shomer.
Shomer Shmasar Lshomer
- One guard should not give the item to another guard to watch. However, he could give it to his wife or children to watch.[1]
Shomer Chinam
- A shomer chinam, someone watching someone's property for free, is exempt from lose and theft.[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]
Shomer Sachar
A shomer sachar is liable for all situations that the item is lost, except when the loss happened outside of his control
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
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
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.
Balav imo
A shoel and socher are exempt from liability if they began work accompanied by the owner.
Sources
- ↑ Bava Metsia 36b, Shulchan Aruch C.M. 291:21
- ↑ Bava Metsia 94b, Shulchan Aruch C.M. 291:1
- ↑ 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.
