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?
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