Bava Metzia, chapter 6, Mishnah 6. In this Mishnah, we move to a new topic: the laws of watchmen, and specifically the question of when a person is considered an unpaid watchman and when he is a paid watchman. Let us review the basic principle:
"Shomer chinam" - the unpaid watchman. Since he is merely doing a favor for the owner, his liability is very limited: he is only liable for negligence.
"Shomer sachar" - the paid watchman. His liability is broader, and he is liable even for theft and loss, but exempt for unavoidable accidents - circumstances beyond his control.
The Craftsman - Unpaid or Paid Watchman?
The first question in our Mishnah deals with a craftsman, meaning an independent contractor who receives an object to perform work on it. For example, a person gives a suit to a seamstress to hem: while the suit is in her possession, is she judged as an unpaid watchman or a paid watchman? Since the Mishnah is dealing with employment laws, this matter is also included here.
When the Mishnah uses the phrase "all craftsmen", it does not mean the broad definition of the word craftsman. Although in principle this word could include a worker who is paid by the hour or a day laborer who is hired for a full day and does whatever he is instructed, in our context it refers exclusively to an independent contractor - such as a seamstress who says, "I will hem your suit pants for fifty shekels." It makes no difference how long the work will take, and the payment is made upon receiving the garment.
The Mishnah says regarding this: "Kol ha'umanin shomrei sachar hen" - all craftsmen are paid watchmen. The craftsman is considered a paid watchman, and one must carefully understand the reason for this, as it severely limits the scope of the rule: as long as the suit pants are in the craftsman's hands, he is entitled to hold onto them as collateral to ensure he receives his wages. Through this, he derives a benefit from the very possession of the object, and therefore his status is that of a paid watchman.
From here emerge practical qualifications:
A worker paid by the hour - who comes and leaves at the end of the day, does not have the right to withhold the object as collateral for his wages, and therefore is not a paid watchman.
A contractor working in the owner's home - the object is located in its owner's house and he cannot withhold it until payment is received, as he will not take it home with him. He too is not a paid watchman, but an unpaid watchman.
One who takes an object to his home for production or repair - since the object is held in his hand as collateral until payment, his status is that of a paid watchman as long as this is the situation.
"Vechulan she'ameru tol es shelcha vehavei ma'os" - and all of them who said, take what is yours and bring money:
This status is not permanent forever. In all of these cases, if the craftsman approached the owner and informed him that the work was finished - "Take your suit pants and bring me the money" - he is declaring that he is no longer withholding the object as collateral. Once the benefit is removed, his status as a paid watchman expires, and he automatically becomes an unpaid watchman, since he no longer receives any benefit from holding the object.
It is worth noting a precise deduction that the Poskim pointed out, which is not mentioned in the Gemara: if the craftsman said, "Give money and take what is yours," it is implied from his words that the owner does not receive the object until he pays. Consequently, the object remains in his possession as collateral, and he remains a paid watchman even after the notification. The exemption is conditional upon him saying: "I am no longer watching the object, come and take it as soon as possible" - and only then does he revert to being an unpaid watchman.
"Shemor li ve'eshmor lecha" - watch for me and I will watch for you:
What is the halachah when a person says to his friend, "Shmor li ve'eshmor lecha" - watch for me and I will watch for you - meaning, you watch my items today, and I will watch yours tomorrow? In this case, the two exchange favors, and each derives a benefit: the one who takes upon himself to watch today receives value in return, as his friend will watch his items tomorrow. Therefore, each of them is considered a paid bailee (shomer sachar).
A side point: If the mutual watching is done simultaneously - this one hands over his watch to be guarded and that one hands over his computer at the exact same moment - there is no liability here at all, not even for unavoidable accidents. This is a completely separate topic, based on the rule of "be'alav imo" (the owner is with him): the owner is working for the bailee at the same time that the bailee is working for him. This will be explained in the eighth chapter, and in the meantime, hold onto this thought.
"Shmor li" - the wording of the bailee's response:
The last part of the Mishnah deals with someone asking a favor of his friend: a person who goes to the restroom and asks, "Please watch my computer for me." The status of the bailee depends on the wording of his reply:
"Hanach lefanai" - put it down before me. He is an unpaid bailee (shomer chinam). The very fact that he says to put the item down before him teaches that he has accepted upon himself to watch it. Although he does not receive payment, he has taken on responsibility: he must pay attention to the item and not be negligent in guarding it, and he is not permitted to abandon it for anyone to take.
"Hanach lefanecha" - put it down before yourself. The Gemara explains that his intention is: "I am not watching your items, watch them yourself, this is not my responsibility," and therefore he is exempt.
"Hanach" alone - just "put it down" without saying "before me." The implication of his words is that the matter does not concern him at all, and in this case too, he bears no responsibility.
The nuances of the language are difficult to convey exactly, but the rule is simple: if it can be reasonably understood from the words of the person asked that he took upon himself to pay attention to the item - he becomes an unpaid bailee, and if his words cannot be interpreted this way - he is not a bailee at all.
In summary: In this Mishnah we learned that "kol ha'umanin shomrei sachar hen" - all craftsmen are paid bailees - because of their right to retain the item as collateral until receiving their payment, and therefore this status ceases to apply when they are unable to retain it, as well as once they say, "tol es shelcha ve'havei ma'os" - take yours and bring money. We also learned that "shmor li ve'eshmor lecha" - watch for me and I will watch for you - creates a paid bailment for both parties, and that the status of the person asked to watch is determined by the wording of his response - "hanach lefanai" obligates him as an unpaid bailee, whereas "hanach lefanecha" or "hanach" exempt him.