The Gemara concludes that the halacha is like R'Tarfon, a shomer aveidah who sells off an aveidah can use the sale money while waiting for the baal to return.

A few questions:

1) Does this mean you are upgraded to the chiyuvim of a shoel (according to R'Yosef in shitas R'Tarfon) or a shomer sachar (according to Rava in shitas R'Tarfon)?

2) According to R'Yosef - a normal shomer aveidah (who doesn't have use of the money from the sale of the aveidah) is a shomer sachar. Does this mean, because the shomer could potentially be patur from giving tzedakah at a time when he's occupied with the aveidah, he's ALWAYS chayiv in geneivah and aveidah, even when he's not actively occupied with the aveidah and therefore not patur from giving tzedakah, i.e. would we say he would have the chiyuvim of a shomer sachar at all times, just by virtue of having a POTENTIAL ptur? Or does R'Yosef hold you're only a shomer sachar while you do not have to give tzedakah because you're actively occupied with the aveidah, but for the other times of the shomer relationship - you would remain a shomer chinam?

3) R'Yosef says a shomer aveidah who has use of the money from the sale of an aveidah is upgraded to the status of a shoel. Does the shomer become a shoel even if he doesn't use the money, but since he could, he has the chiyuvim of a shoel, or is it only when you use the money does your status get upgraded from normal shomer sachar to shoel? (and if the latter - do you revert back to shomer sachar when you "pay back"/restore the money, and stop using it before the owner returns...?

Daniel Steinberg, Columbus, OH USA