Is a Shomer Sachar Liable for a Non-Preventable Geneivah?

Rav Chaim Weg

Question: I offer a service for people to give me their valuables for safekeeping in exchange for a fee. I am well known in my neighborhood for what I do and for what my house contains; therefore, I know that I am a target for potential thieves. For this reason, I have a license to carry a gun and it is known that I will use it if necessary. Recently, I had a medical emergency and had to be taken to the hospital by ambulance. Word of this got out, and my house was robbed. Am I liable to pay?

Answer: Since you are being paid, you are a Shomer Sachar and you are liable for geneivah and aveidah. 

However, this case is not the same as a normal geneivah because a typical theft is somewhat preventable. A Shomer Sachar is supposed to sit and watch the item he is entrusted with; therefore, if it is stolen in a way that was somewhat preventable, the Shomer Sachar is chayav for not watching it well enough. In this case, however, the theft was totally unpreventable since the Shomer had been taken away by ambulance. 

There is a machlokes Rishonim if a Shomer Sachar is liable for an unpreventable theft like this. The Shach rules that such a case is considered to be an oines, and the Shomer Sachar is not liable. Since he is the muchzik and has this opinion on his side, it would be impossible to force him to pay. However, if he was not yet paid for his services, the owners of the valuables are not liable to pay him for his services.