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Business Weekly — Vayikra 5783

Выпуск: Business Weekly — Vayikra 5783. Темы: не определены автоматически. THE WERDIGER EDITION BUSINESS WEEKLY RESTORING THE PRIMACY OF CHOSHEN MISHPAT UNDER THE AUSPICES OF HARAV CHAIM KOHN, SHLITA Issue #651 | Vayikra | Friday, Mar 24, 2023 | 2 Nissan 5783 ‫לע״נ הרב יחיאל מיכל בן ר' משה אהרן אורליאן‬ CASE FILE Rabbi Meir Orlian Writer for the Business Halacha Institute BHI HOTLINE ‫לע"נ הרב אהרן בן הרב גדליהו ע"ה‬ ‫לע"נ ר' שלמה ב"ר ברוך וזוג' מרת רייכלה בת החבר יעקב הלוי ע"ה ווייל‬ REGRETTING DESPAIR TESTIMONY IN Mr. Hacha and commentaries there, who discuss whether Jew and a non-Jew, especially if the civil law does THE WERDIGER EDITION - ‫ לע"נ הרה"ח ר' נחמי'ה בן הרה"ח ר' שלמה אלימלך ז"ל‬- DEDICATED BY HIS SON R’ SHLOME WERDIGER CASE FILE BHI HOTLINE not conform with Torah law” (see C.M. However, however, the bachur clearly did not intend to acquire it I’m not comfortable with testifying in court when you do not have halachic permission to sue when he picked it up — on the contrary, he picked it up there.” with the intention of returning it to you. often be corrected been meya’eish, and the bachur could have acquired it In addition, it is a fulfillment of hashavas aveidah and possibly also lo sa’amod al dam rei’echa, with halachic for himself had he known about your yi’ush, it is possible which require us to spare a fellow Jew from loss” guidance. “Regarding a suit between two Jews in civil court, if the plaintiff received permission The question is whether the same principle applies if a hefker object from beis din to sue in civil court, or is allowed to for other reasons, the element finds its way into a person’s hand (kinyan yad). Imrei Binah (Dayanim #27), refutes this does not effect a kinyan; rather, in order to acquire it, he has to lift it position, since the plaintiff himself is not allowed to retrieve his money in this with the intention of making a kinyan (hagbahah) (Ketzos Hachoshen ibid., manner. But even if a person’s hand acquires items for him without him being Verdict: A witness is required to testify in beis din from ‘im lo yaggid.’ In aware that it is there, the kadmonim deliberate what the halachah is a secular court, there is a requirement based on hashavas aveidah or lo if a person knows that something is in his hand, and he still has no saamod, when the plaintiff is allowed to sue there. cit.) writes that a person only acquires a

Издание

Business Weekly

Дата

24 марта 2023 г.

Страниц

2