FOUR GUARDIANS
Parsha Pages | February 04, 2024
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FOUR GUARDIANS

Parsha Pages | December 10, 2025

The Torah (Shmos 22:6-14) mentions four types of watchmen and the different Halachos that apply

  1. SHOMER CHINAM - the “Unpaid Guardian” is one who watches an item without receiving compensation from the owner. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident). This Guardian is committed to guard the object and has no intention to use the entrusted item.
  2. SHOMER SACHAR – the “Paid Guardian” is one who is paid to watch an item but is not permitted to use it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident). No intention to use the item but desires the benefit of being paid to guard the object.
  3. SOCHER - the “Renter” is one who pays money to rent an item. He is liable for damages in cases of Peshi'ah (negligence), but is not liable in a case of Ones (an unavoidable accident). However, Tana’im disagree if the renter is like a Shomer Sachar or a Shomer Chinam, in cases of theft or loss. Rabbi Yehudah considers the payment for use of the object places the responsibility similar to the Unpaid Guardian. Whereas, Rabbi Meir says the renter is similar to a borrower since the intention is to use the object, however, since payment is made for use, the responsibility is limited similar to the Paid Guardian.
  4. SHO'EL - the “Borrower” is one who borrows an item in order to use it and becomes obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage, or if the item was damaged while its owner was working for the borrower ("Be'alav Imo"). The intention is to use the item but not to guard the object.

OATH When one of the Shomrim exempts himself from payment by claiming that the item was stolen, lost or Ne'enas (unavoidable accident) (respective to their individual liabilities, as above), the Torah obligates him to support his claim by taking an oath (Shmos 22:7-10). Accordingly, a Shomer Chinam swears that he was not negligent; a Shomer Sachar swears that the item was Ne'enas and a Sho'el swears that the item was damaged in the normal manner of usage. In addition, a Shomer Chinam or a Shomer Sachar must swear that they did not use the object that they were guarding. (Using the object without the owner's permission would make the Shomer liable even for Ones.) Only after taking an oath are they exempt from payment.

Liabilities of the Shomrim

NegligenceTheftLossAccidental DamageDamage from Normal WearShomer Chinam
Unpaid GuardianYesNoNoNoShomer Sachar
Paid GuardianYesYesNoNoSocher
RenterYes
Rabbi Yehuda - No
Rabbi Meir - YesNoNoSho’el
BorrowerYesYesYesNo

Based on www.dafyomi.co.il

The Torah (Shmos 22:6-14) mentions four types of watchmen and the different Halachos that apply

  1. SHOMER CHINAM - the “Unpaid Guardian” is one who watches an item without receiving compensation from the owner. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident). This Guardian is committed to guard the object and has no intention to use the entrusted item.
  2. SHOMER SACHAR – the “Paid Guardian” is one who is paid to watch an item but is not permitted to use it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident). No intention to use the item but desires the benefit of being paid to guard the object.
  3. SOCHER - the “Renter” is one who pays money to rent an item. He is liable for damages in cases of Peshi'ah (negligence), but is not liable in a case of Ones (an unavoidable accident). However, Tana’im disagree if the renter is like a Shomer Sachar or a Shomer Chinam, in cases of theft or loss. Rabbi Yehudah considers the payment for use of the object places the responsibility similar to the Unpaid Guardian. Whereas, Rabbi Meir says the renter is similar to a borrower since the intention is to use the object, however, since payment is made for use, the responsibility is limited similar to the Paid Guardian.
  4. SHO'EL - the “Borrower” is one who borrows an item in order to use it and becomes obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage, or if the item was damaged while its owner was working for the borrower ("Be'alav Imo"). The intention is to use the item but not to guard the object.

OATH When one of the Shomrim exempts himself from payment by claiming that the item was stolen, lost or Ne'enas (unavoidable accident) (respective to their individual liabilities, as above), the Torah obligates him to support his claim by taking an oath (Shmos 22:7-10). Accordingly, a Shomer Chinam swears that he was not negligent; a Shomer Sachar swears that the item was Ne'enas and a Sho'el swears that the item was damaged in the normal manner of usage. In addition, a Shomer Chinam or a Shomer Sachar must swear that they did not use the object that they were guarding. (Using the object without the owner's permission would make the Shomer liable even for Ones.) Only after taking an oath are they exempt from payment.

Liabilities of the Shomrim

NegligenceTheftLossAccidental DamageDamage from Normal WearShomer Chinam
Unpaid GuardianYesNoNoNoShomer Sachar
Paid GuardianYesYesNoNoSocher
RenterYes
Rabbi Yehuda - No
Rabbi Meir - YesNoNoSho’el
BorrowerYesYesYesNo

Based on www.dafyomi.co.il

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Parsha Pages | February 04, 2024