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Torah & Horaah — Vayigash 5783

Выпуск: Torah & Horaah — Vayigash 5783. Темы: не определены автоматически. object (whose owner does not object to his We note that the consensus opinion (See Ritva acquisition) that is situated on his property, BM 10B for example) is that the kinyan 1of Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org chotseir is Biblical since the Gemara (BM 10B) between acquiring a lost object and acquiring a derives this kinyan from pesukim. We note purchased object is that, whereas in the case of further that borrowing without permission, a lost object no one is transferring ownership to known as shoeil shelo mida’as, is considered the one who desires to acquire it, in the case of by the Torah an act of theft. up hope that he will be able to recover his lost There is a dispute among the Amoraim (ibid) object) the Gemoro stipulates that in order to if we require the chotseir to be guarded even acquire the object the property owner must where there is da’as acheres makne lo and stand adjacent to the property of his on which there is a dispute among the Rishonim and the lost object is situated. we require that the recipient or his agent be the There is a third explanation (Chiddushei Baruch one who is guarding the chotseir, this opinion Ta’am) why da’as acheres makne works and maintains that even if the chotseir is only according to that explanation you acquired the guarded by the seller (or the giver in case of a newspaper when it was dropped on your lawn. We note further that even though the Ramo If one understands the concept of da’as acheres rules that da’as acheres makne helps, the makne in this manner, you do not fulfill this Mechabeir in the Shulchan Aruch follows the requirement since the newspaper company opinion of the Rif and Rambam who rule that does not watch over your newspaper for you. He explains that the rationale is that in a since there is first, a dispute whether to rule situation of da’as acheres makne the recipient that we can ever forego the condition that the can be confident that others will not take the chotseir must be guarded and, even if we could, object because if the customer did not acquire according to many, including the Rosh who is the object then it still belongs to the seller and the source for this opinion, your situation does others can’t take it from him either. He explains is

Издание

Torah & Horaah

Дата

30 декабря 2022 г.

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3