By Rabbi Meir Orlian | |||
#111 |
Shlach |
15.06.2012 |
N/A |
Q: Is a car mechanic who gets paid for his labor considered a shomer chinam or shomer sachar on the car that he fixes?
A: A person who receives monetary benefit from an item entrusted to him is considered a shomer sachar, even if he is not paid directly for watching.
Thus, a car mechanic is a shomer sachar on the car he fixes and a dry cleaner is a shomer sachar on the clothing he cleans. However, once the shomer finishes working and allows the owner to take his item, even before paying or if the owner had already paid, the workman is considered only a shomer chinam (306:1; Pischei Teshuvah 306:1).
Similarly, business partners are generally considered shomrei sachar (176:8); a salesperson is a shomer sachar on the merchandise he sells (185:7); a delivery service is a shomer sachar on the packages he delivers (187:1). There is a dispute whether a person who finds an object is considered a shomer sachar (267:16).
Nonetheless, according to some authorities, while these people are obligated in theft and loss as shomrei sachar, they are not obligated to watch to the same careful degree as a guardian who gets paid for watching but only in the routine manner. (See Pischei Teshuvah 303:1; Pischei Choshen, Pikadon 2:2[5].)