Does a shomer have to receive hanna from the person appointing him as a shomer or is any hanna that comes to the shomer from the transaction enough to define him as a shomer sechar? for instance if someone gave a painting to look after and the person got benefit from having the picture in the house would that make him a shomer sechar
aryeh berkley, london england
As you mentioned in your first letter, "Perutah d'Rav Yosef" makes the person into a Shomer Sachar. It does not cost anything to the Ba'al Aveidah. So, too, a Shomer of a Mashkon becomes a Shomer Sachar since he could be Mekadesh a woman with the Mashkon. In these cases, he is getting the Hana'ah from the object or from the Shemirah, but not from the owner.
As for the painting, he may not display it, as it says in the Gemara in Bava Metzia 30a with regard to a Shomer Aveidah: "Nizdamnah Lo Orchim Lo Yishtachenah," etc. It would seem that if a Shomer Chinam would display a painting without permission, he would become a Shole'ach Yad and become Chayav b'Onsim (if Shelichus Yad does not need Chisaron).
D. Zupnik