If a shomer chinam is watching an owner's animal who has to pay for the upkeep of the animal?
According to the first version of Rava, the shomer chinam who paid gets the kofel because he acquired the animal from the moment he took it to guard. Does he reimburse the owner if the owner had paid for the upkeep of the animal.
Dovid Sebban, Australia
Dear Dovid,
The upkeep is paid by the owner.
When a lost animal is found, the Gemara explains how long the Shomer should watch the animal and when he should sell it: "'Return it to him' (Devarim 22:2). Look after the proper way to return it to him. Don't waste a calf when returning to him calves, etc" (Bava Metzia 28b) - meaning the Shomer can deduct expenses and should therefore not hold on to the lost article when it will cause serious loss to the owner. Choshen Mishpat 267:26 and Bi'ur ha'Gra 267:36.
Note also that a Shomer should air out watched clothes only if the owner is out of the city. If not, its the owner's responsibility (Choshen Mishpat 292:21,22).
Even according to Rava's first version the Shomer only acquired rights to the Kefel. He has no rights to wool and offspring. It seems that no reimbursement is necessary since the owner still has rights in the animal and no mention of reimbursement is mentioned in that Gemara.
All the best,
Reuven Weiner