A Day in the Life of a Shomer Chinam

A Day in the Life of a Shomer Chinam

I woke up pretty excited. I’m traveling to Yerushalayim for a summer learning program! I’m happy to be able to spend some time in the holy atmosphere of Eretz Hakodesh, and my parents (we had a long talk last night) are hoping that some time away from home will turn me into a more responsible bachur. So, I’m just about ready to leave the house, and a neighbor drops off a package with a state-of-the-art alarm clock and an envelope of extra spending money for their son, a friend of mine in yeshiva in Eretz Yisroel. “Sure!” I say—I’m a nice guy, after all. I put the electronics box on my luggage waiting in the front hall and stuff the envelope into my pocket, hoping to make it to the mikvah before davening. Whew! I did it! As I’m about to exit the mikvah building I see a crumpled white envelope on the bench. Oh, no! That’s the money for Shua! I put it deep into my inside jacket pocket. What would have happened if I had left it behind?

As a shomer chinam (unpaid guardian) the narrator would only be responsible to replace items under his watch if they are damaged or misplaced due to his p’shiah (negligence). (See Halachah #398 for details.) Leaving a valuable item in the mikvah—or any public place, for the matter—is not considered properly caring for it, and he would be liable if it went missing.

My traveling companion and I leave for the airport in good time, but the security line is endless. As we’re waiting, he asks me to watch his stuff for a bit as he goes to find a restroom. “No problem,” I say, taking out my pocket Tehillim, intent on using my time wisely. We inch ahead and at some point, I’m not sure exactly when, I’ve left my friend’s bag at least 20 feet behind. Baruch Hashem, he came back right then. He seemed only a bit annoyed; I guess he knows I’m the forgetful type. I can’t help but wonder: would I have been responsible had it been lost or stolen?

It is a machlokes haposkim (a matter of dispute among halachic authorities) whether a shomer must make an actual halachic kinyan (lit., acquisition, a symbolic act which indicates transfer of ownership, such as picking up the article) in order to take responsibility for it. In this case, since the bachur watching his friend’s luggage did not make a kinyan—he didn't even touch itit is doubtful whether his guardianship was halachically binding. On the other hand, if he were to leave his other friend Shua’s alarm clock behind, he would, in most cases, be responsible to replace it.

We’ve landed! I have my hand luggage, Shua’s alarm clock (I was nearly off the plane before remembering to go back for it, stashed in the overhead bin), his envelope of cash still in my jacket pocket—and even the traveler’s check my parents gave me for my own spending money, though there was a moment of panic before I remembered where I had hidden it.

The laws of shemirah (guardianship) are different for a check than for cash; it is halachically considered a shtar (contract) and not an item of actual value. A shomer who misplaces a check is therefore not liable. (In the case of a p’shiah, some consider a shomer liable even for a shtar.)

I guess they don’t trust me that much—yet.

https://halacha2go.com?number=653

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.