Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 56b ,  Bava Kamma: 57a ,  Bava Kamma: 57b  

Description

The sugya in Masechet Bava Kamma 56b-57b presents the great debate over the status of a שומר אבידה, is he a Shomer Chinam or a Shomer Sachar? The Gerarah brings many proofs to each side in this controversy. One of those proofs leads to the sugya to another sugya: when a shomer claims that the object was stolen & he took an oath to support that claim but as it turns out the shomer was in fact keeping the object for himself. In such a case the shomer must pay a double payment (כפל) as a thief. But that only applies if the claim of גניבה is a claim that exempts the shomer from responsibility; hence only a שומר חינם would be included in this Halacha. If one who finds a lost object is a שומר שכר why would he pay the double portion?