A shomer in Halacha is a Jewish legal guardian

Legal guardian

A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...

, entrusted with the custody and care of another's object.

The laws of shomrim are derived from the Torah

Torah

Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

 in Shemot (Exodus) 22:6-14. It is discussed in the Talmud

Talmud

The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....

 in Seder Nezikin

Nezikin

For Jewish law on damages, see Damages Nezikin or Seder Nezikin is the fourth Order of the Mishna...

 in tractates Bava Kamma

Bava Kamma

Bava Kamma is the first of a series of three Talmudic tractates in the order Nezikin that deal with civil matters such as damages and torts...

 and Bava Metzia

Bava Metzia

Bava Metzia is the second of the first three Talmudic tractates in the order of Nezikin , the other two being Bava Kamma and Bava Batra. Originally all three formed a single tractate called Nezikin , each Bava being a Part or subdivision...

.

There are four types of shomrim: shomer ḥinnam, shomer sakhar, shoel, and sokher, corresponding to an unpaid custodian, a paid custodian, a borrower, and a renter respectively. Each shomer has specific distinct laws that apply to it. In halacha there are two major factors that determine a guardian's liability: the ability to use the item, and the exchange of money. In general the ability to use the item (in the case of a renter and a borrower) or being paid to watch the item (in the case of the paid watchman) increases the guardian's liability, while paying for use of the item (i.e. a renter) decreases the guardian's liability.

Types of shomrim

Liabilities of Shomrim

	Negligence	Theft	Loss	Accidental Damage	Damage from Normal Wear
Shomer Ḥinnam	Yes	No	No	No	No
Shomer Sakhar	Yes	Yes	Yes	No	No
Sokher	Yes	Yes	Yes	No	No
Shoel	Yes	Yes	Yes	Yes	No

Shomer ḥinnam

A shomer ḥinnam (Hebrew: שומר חנם, pl. שומרי חנם, shomrei ḥinnam), or unpaid watchman, is one who watches an item without receiving payment for his watching. Shomrei ḥinnam are liable only for damages that result from their own negligence. They must pay for damages that result from their negligence.

The shomer ḥinnam does not have permission to use the item he or she is entrusted with.

Shomer sakhar

A shomer sakhar (Hebrew: שומר שכר, pl. שומרי שכר, shomrei sakhar), or paid watchman, also known as a noseh sakhar (Hebrew: נושא שכר, one who receives payment) is one who watches an item in exchange for compensation. In addition to the obligations of the shomer ḥinnam, shomrei sakhar are liable if the item is stolen. Armed robbery is exempted from this responsibility, however, as it is considered beyond the custodian's reasonable control.

Shomrei sakhar are also liable if the item is lost or misplaced, even if the loss was not a result of negligence.

In addition to the paid watchman's heightened level of liability, in certain ways the shomer sakhar is expected to perform a higher level of custodianship. A shomer sakhar, for example, cannot watch an item in a way that would only protect it from a reasonable wind, but rather must watch an item in a way as to protect it from any possible wind, and the absence of such would make the shomer liable.

The shomer sakhar also may not use the item entrusted.

Sokher

A sokher (Hebrew: שוכר) is a renter. The liabilities of a sokher are the same as those of a shomer sakhar.

Shoel

A shoel (Hebrew: שואל) is a borrower. The shoel is liable for the entrusted item in all circumstances, including those that are not the shoel's fault, known as Onsim (Hebrew: אונסים, sing. אונס, Ones). The shoel's only exemption is for damage resulting from the normal use of the item, for example if a borrowed ox dies as a result of normal plowing.

Biblical sources for shomrim

The gemara in tractate Bava Metzia
discusses the biblical sourcing of each of the categories of shomrim. The gemara concludes that Shemot 22:6-8 refers to the shomer ḥinnam, 22:9-12 to the shomer sakhar, 22:13-14 to the shoel, and 22:14 to the sokher.

Becoming a shomer

Generally, one must be willing to become a shomer in order to assume liability, and as such cannot be forced to watch an item. In certain circumstances, such as when one encounters a lost item, the Torah dictates that until the item is returned, the person assumes the liability and responsibility of a shomer sakhar.

The Shomrim's Oath

In order for a shomer to verify the circumstances of the entrusted item's loss, shomrim are required to swear a group of oaths in Beit Din. The oaths required of a shomer typically include swearing how the item was lost, swearing that the shomer had not been negligent, and swearing that the shomer had not misappropriated the item.

External links

• DafYomi.co.il chart of biblical source for each liability