The Yerushalmi says that the Mishna that absolves the messenger of paying for genaiva and avaida refers to a shomer chinam. How does this work according to Rav Yosef in Bava Metzia that peruta d'rav Yosef always makes him a shomer sochor. Is not a messenger doing a Mitzvah?
Thanks
Uri Basser, Lakewood, USA
Uri, Boruch She-kivanta! Your question is asked by Rav Yonasan Eibeshitz!
This is in Urim veTumim, Choshen Mishpat, near the end of 66:67 paragraph beginning uBeHachi Yuvnu.
He answers that the men of the city who sent their shekalim are shomrei sachar, because of the Mitzvah of separating and guarding the money to be sent to Jerusalem. When they give over the money to a messenger who is a Shomer Chinam this is considered that they have weakened the security of the money, since the Gemara Bava Metzia 36a says that if a shomer sachar hands an item to a shomer chinam he has made the shemirah worse.
Even though the messenger is also considered a shomer sachar because of the Mitzvah he is doing, since he is not receiving pay he is not expected to do as good a job as a professional.
Therefore it is the men of the city who are responsible for whatever happens because they have not looked after the money properly.
In short, when the Gemara says that the Mishna refers to a shomer chinam this means that he is a worse shomer since he does not receive pay, even though he is also a shomer chinam because of the peruta d'Rav Yosef.
This is a very good question and requires further study.
Wishing you all a healthy summer.
Dovid Bloom
Follow-up reply:
Uri, I have posed your question to a few Talmidei Chachamim and they all say it is an excellent one!
1) One of the Talmidei Chachamim said that he has another question that may help to answer your's. Why do we not say that every Shomer Chinam is really a Shomer Sachar because he is doing a Mitzvah of chesed when he looks after his friend's property for free? If we know why every Shomer Chinam is not a Shomer Sachar because of the Mitzvah of chesed, we might also know why the messenger who takes the shekalim to Yerushalayim is not a Shomer Sachar because he is doing a Mitzvah by helping the Beis Hamikdash.
2) Well, I think I have an answer to the second question, bs'd. This is from the Nesivos Hamishpat 72:19. He writes that the peruta d'Rav Yosef does not apply to every Mitzvah. It only applies to a Positive Mitzvah which one is obligated to do and for which one may not demand pay. This includes Hashovas Aveidah, for instance, since one is not allowed to receive payment for the Mitzvah of returning a lost item (see Tur Choshen Mishpat beginning #265). However there are some Mitzvos which one is not obliged to do. It is a Mitzvah to look after a friend's property, but one is not obliged to do this, and if you want you could say that I am only going to look after your belongings if you pay me. Therefore the perutah d'Rav Yosef does not apply to make a Shomer Chinam into a Shomer Sachar.
3) Now we have an answer to your question, Uri. The messenger who took the shekalim to Yerushalayim is doing a Mitzvah, but he is not obliged to do this. He could have said that I do not have enough time to do this Mitzvah or I am only going to do this Mitzvah if you pay me. Therefore the perutah d'Rav Yosef does not apply.
KOL TUV
Dovid Bloom