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Torah & Horaah — Va'etchanan 5784

Выпуск: Torah & Horaah — Va'etchanan 5784. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Vo'eschanan 5784 299  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Found an Appliance that was Mistakenly Abandoned Question I had an appliance that stopped working. Answer In general, when one's action is based on incorrect that when one declares an item hefkeir (i.e., information his action is legally ineffective, he renders it ownerless) based on inaccurate because da'as, awareness, is required in order information, the hefkeir is invalid. is from a case in the Gemara of a person who mistakenly thought that one is required to For example, when one buys an item that is declare ownerless a part of his vegetables in defective, the customer is entitled to cancel the order to enable the poor to take them. The dispute cited by the Gemara (Bavli Kreisus 24A According to the Bavli he objected that hefkeir and Yerushalmi BK 4, 8) concerns beis din who, that is based on incorrect information is invalid, based on false testimony, ruled that a person's ox but the Yerushalmi reports that his objection is had to be stoned, thereby rendering it worthless. if someone took the ox he may keep it, even if, Since the Gemara sometimes uses these two at a later time, other witnesses invalidated the words interchangeably, the commentaries testimony of the first witnesses by testifying that disagree which is the correct description in this they were together with the original witnesses case. The Ketsos (406, 2) maintains that the at the time they purportedly saw the ox acting in owner meant to render the ox hefkeir, but many the way that caused beis din to rule that the ox others including the Terumas Hekrei (262), the must be stoned, and those witnesses could not Beis Halevy, (1, 48), the Maharshag (2, 262) and have possibly seen anything that would cause Rav Shimon (ibid) disagree and maintain that the the ox to deserve stoning (hazomo). proves that yi'ush based on false information is It is important in our case to recall that there are valid because whenever one has yi'ush from his two ways to abdicate ownership of an object: one lost object, it is based on the owner's mistaken is hefkeir and one is yi'ush. Fo

Издание

Torah & Horaah

Дата

16 августа 2024 г.

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3