More Discussions for this daf
1. Chisurei Mechsera 2. ha'Osek ba'Mitzvah Patur Min ha'Mitzvah 3. Osek b'Mitzvah
4. Do we pasken like R' Yosef?

alex lebovits asked:

1) It is a custom to give someone traveling some money for tzedakah, in order that he should become a "shluchei Mitzva D'Eynon Nizakin".

Since we pasken like R' Yosef What is the status of such a person if he is also willing to take a package along as a favor; Does he have a status of a Shomer Socher or a Shomer Chinam?

2) According to my understanding Gemilas Chasodim is a mitzvah that we learn out from "Veholachta Bidrachav" or from "Vehaydata Lohem es HAderech Asher Yelchu Bo" (Encyclopedia Talmudis under Gemilas Chasodim).

If this is true, then how could there ever be such a thing as a Shomer Chinam acc to R' Yosef?! To watch an object for a person at no cost is definitely a Gemilas Chesed to the owner of the object. And if that's true, then while watching this object the Shomer would be Potur from giving Tzedaka and according to R' Yosef this would therefore turn him into a Shomer Socher because of the money he's saving by not giving Tzedaka!

So why doesn't every Shomer Chinam automatically turn into a Shomer Socher acc. to R' Yosef?!

Alex Lebovits, Toronto, Canada

The Kollel replies:

(1) I do not see any reason that he should have the status of a Shomer Sachar. He does not benefit from the fact that he is a Shomer. I also see no reason that this should depend on Rav Yosef's rule. The act of doing a Mitzvah by taking the money is separate from the act of being a Shomer on the parcel.

(2) This question is asked by the Ritva in Bava Metzia 82a (DH d'Itmar). He explains that since a Shomer Chinam accepts the article from the owner at the owner's request, he does so only on the understanding that he agrees only to be a Shomer Chinam. A Shomer Aveidah, however, does not receive the article from the owner and is unable to dictate the terms of his Shemirah, he automatically becomes a Shomer Sachar.

For further answers, see Ritva Shevuos 44a (DH d'Itmar), Tumim (72:6-7) Nesivos ha'Mishpat (72:7 and 19) Pnei Yehoshua Bava Kama 56b (Tosfos DH b'ha'He) and Achiezer (vol.3:6:2 and 5)

Dov Freedman