By By the Bais Hora'ah | |||
#108 |
Bamidbar |
25.05.2012 |
N/A |
Q: Is the required manner of guarding the same for all shomrim?
A: A shomer sachar (paid guardian) has greater liability than a shomer chinam (unpaid guardian) in cases of theft or natural loss. According to many authorities, he also has a higher level of responsibility in the manner of watching. A shomer chinam is expected to guard the item under routine conditions, whereas a shomer sachar is paid to protect it well, even from unusual circumstances (C.M. 303:11; Pischei Choshen, Pikadon 2:2[5]). For example, a shomer chinam can suffice with a door that can withstand normal wind, whereas a shomer sachar must have a door that withstands even unusual wind (Rabi Akiva Eiger, C.M. 303:2, based on 396:1, 8). A shomer chinam can leave the item unattended for short, customary (e.g. coffee) breaks, whereas a shomer sachar is expected to actively tend to the item continuously (291:12; 303:10). A shomer sachar is required to lay out needed money (for which he is entitled to reimbursement), to protect the entrusted item, whereas a shomer chinam is not (303:8).
According to some authorities, this applies only to an actual shomer sachar, who is paid to watch the item. However, other people who have the liability of a shomer sachar because of benefit they receive (e.g., a sales agent, employee, partner, renter, etc.) are not required to guard beyond the usual manner (Pischei Teshuvah 303:1; P.C., ibid).