More Discussions for this daf
1. Shomrei Sachar 2. Testifying about a stolen Torah

Aryeh Berkley asked:

In Bava basra 43bthere is the subject that shutfim act as shomrei sochar. The Rishonim debate what the schar is whether because the other party would have guarded anyway. Tosfos says the hava amina was that he was guarding for both so not really benefiting you whereas the Aliyos derabeinu yona says it is because the other party only thinks about himself. In the maskana i want to claim they argue about what level of sechar someone needs to get inorder to be defined as a shomer sechar is it any benefit derived or does it have to be that the other person directly benefits you (he gives the sechar) i have a way of reconciling this point with the gemara concerning pruta loni.

My question is regarding a nafka mina i want to sugest and that is if someone is shomer on lets say a painting and he is a shomer chinam but he gets hanna'ah by the fact he has an expensive painitng in his possession does that make him into a shomer sechar or not. Does anyone discuss a case like this and do you know what the pesak is etc

Aryeh Berkley, London England

The Kollel replies:

It depends on the case. If the Shomer would be asked to do a favor and hang the painting on his wall while its owner is away, he is a Shomer Chinam. This is because the arrangement between them is that the Shomer is doing a favor. However, if the Shomer is asked to do it in order that he should receive the benefit of the painting beautifying his wall, he is a Shomer Sachar (implied by Aruch Hashulchan C.M. 303:3).

All the best,

Yaakov Montrose