brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
If a repairman instructs the owner to take his item and pay for it later he is a Shomer Chinam. (1)
If he tells the owner to pay for the item first and than he may take it he remains a Shomer Sachar.
If a Sho'el instructs his friend to send the animal that he is borrowing with his son or servant and it dies on the way or if it dies while it is on the way to being returned to the owner the Sho'el is Chayav.
R. Chisda says if the borrowed animal dies when it is on the way to being returned the Sho'el is only Chayav if the loan period is not yet over but if the loan period is over he is Patur.
When the loan period of a Sho'el is completed he is Patur for Onsim but he is Chayav for Geneivah and Aveidah like a Shomer Sachar.
If someone takes a utensil from a repairman in order to send it as a gift to his Kalah and he says if she takes it from me I will pay for it and if she doesn't take it from I will pay for the benefit that I had from the item if an Ones occurs on the way there he is Chayav. (2)
If his Kalah doesn't take them item from him and an Ones occurs on the way back he is Patur because he now only has the status of a Shomer Sachar. (3)
If someone purchases an item and he says I will take it to a certain place in order to sell it and if I don't manage to sell it I will return it he is Chayav for Onsim even on the way back because if he finds a buyer even on the way back he will sell it.
If someone tells his friend guard for me my item today and I will guard your item tomorrow or lend me an item and I will lend you an item or he says guard for me an item and I will lend you an item or lend me an item and I will guard an item for you they are Shomrei Sachar.
If someone says guard my item for me today and I will guard your item for you today it is a Shemirah with the owner and he is Patur if the item is lost or stolen. (4)
It is a Machlokes if a Shomer is Chayav for negligence if it is a case of Shemirah with the owner.
Abaye says a person is not believed with a Migo if the Migo is opposed by witnesses.
If someone requests that his friend guard an item for him and he says place it in front of me he is a Shomer Chinam, if he says place it in front of you he is not a Shomer at all.
If he says place it down it is a Safek if he is a Shomer or not.
If someone grants his friend permission to place his items in his courtyard and his ox subsequently damages the items the Tana Kama says he is Chayav, while Rebbe says he is Patur unless he accepted responsibility to guard the items. (5)
If someone lends his friend money on a Mashkon and the Mashkon gets lost the lender shall swear that he was not negligent and he may collect his loan in full according to R. Eliezer. (6)
R. Akiva says that if the Mashkon gets lost the lender he may no longer collect the loan because he is responsible for the lost Mashkon.
If the money was lent with a Shtar everyone agrees that if the Mashkon gets lost the lender may no longer collect the loan. (7)
A BIT MORE
1. A repairman is a Shomer Sachar because he is benefiting from holding the item because he is holding it in case he not paid his wages but once he notifies the owner to take the item and he is no longer holding in place of the wages he is no longer a Shomer Sachar.
2. When he picks up the object since the item has a fixed price he is regarded as a buyer of the item and he is Chayav for Onsim.
3. Once he decides he is not buying the item he is no longer regarded as a buyer and therefore on the way back he only has the status of a Shomer Sachar and he is Patur for Onsim.
4. Since the owner of the item is guarding an item that belongs to the Shomer at the same time the Shomer is Patur for any damage that occurs to the item.
5. The Tana Kama holds that when the owner gave him permission to place the items in his courtyard he was committing himself to guard it, while Rebbe holds he was only giving him permission to bring in the item but he wasn't committing himself to guard it.
6. R. Eliezer holds that a lender doesn't take a Mashkon for payment of the loan but only as a guarantee that the loan will be repaid and therefore he is a Shomer Chinam and if it is lost he may still collect his loan in full.
7. Since he has a Shtar on the loan he doesn't need the Mashkon as a guarantee that the loan will be repaid and therefore he must have taken the Mashkon as payment for the loan and consequently if it is lost he may no longer collect the loan.
ENDING HIS SHEMIRAH
If a repairman instructs the owner to take his item and pay for it later he is a Shomer Chinam. The same is true if he simply notifies the owner that he completed the work, however the Chidush is that I may have thought that if he told the owner to take the item he is not even a Shomer Chinam, Rashi explains that I may have thought when he told the owner to take his object he was telling him that he doesn't want to guard it any further. The Ritva says that we learn from here that if he told him explicitly to he no longer wishes to guard it he is not even a Shomer Chinam. However he may only tell the owner he is no longer guarding it after the period that he committed himself to guard it is up but if it still within the period he may not return it and retract his commitment to guard. However a Sho'el may return a borrowed object before the loan period is up because the he was given the item is for his own benefit and he may say that he no longer needs the object.
AN UNWANTED GIFT
If someone purchases an item from a repairman to send it to his in-laws and he said that if they accept it from me I will give you the value of the item and if they don't accept it I will give you a small fee if an Ones occurs on the way there he is Chayav, but if an Ones occurs in the way back he is Patur but if it lost or stolen he is Chayav. If he took the item in order to sell it and he says if I sell the items in a certain place or until a certain time I will pay for it and if not I will return it if an Ones occurs on the way there or on the way back he is Chayav. (Shulchan Aruch CM 186:1, 2)
He is Chayav for an Ones even on the way back because even on the way back he is searching for potential buyers and therefore he didn't decide to return it until he gets back to the house. (Sma)
Next Daf Index to Revach for Maseches Bava Metzia