1) If one picks up a lost object with the intention to return it to its owner, but before getting around to "announce" it the owner gave up on ever getting it back (Yi'ush), and he then decides to keep it for himself rather than returning it he has only forgone the positive commandment of "Hashev Teshivem" but has not transgressed any of the negative commandments. (Shulchan Aruch Choshen Mishpat Siman 259:1)
2) If one sees the lost object but does not pick it up until after the owner gives up on ever getting it back, and then after Yi'ush picks up the object for himself, the only transgression in effect is "Lo Tuchal L'Hisalem, do not turn a blind eye" for originally not picking it up right away. (ibid.)
Halachos for Shabbos Kodesh
1) If one sees a lost object that has Simanim, identifiable markings, and wrongly ignores it and does not pick it up, although he transgresses the negative and positive commandments (as we have enumerated earlier) he is still not obligated to compensate the owner for their value in the event that they get lost again before being returned. (See Mishna Berura Siman 443 S"K 12 and Sha'ar HaTziyun Os 16)
2) If one sees a lost object that does not have any Simanim, identifiable markings, according to most Poskim there is no obligation to pick it up to try and find its owner. (Ruling of Maran HaRav Yosef Shalom Elyashiv Zatzal and YBL"T HaRav Nisim Karelitz Shlita quoted in Sefer Hashovas Aveida KHalacha page 25 footnote 14)
However, if it is found in an area that is frequented by Talmidei Chachamim, Torah scholars, it is proper to pick it up as Talmidei Chachamim are known to recognize their items (halachically referred to as 'Tevi'as Ayin', a concept we will discuss more at length B'Ezras Hashem in the future) even though they lack Simanim.
Similarly, if the item found is of a variety that is common for people to search for, hang up signs about etc., and the owner will be able to prove it was his (via witnesses or other methods) it is also proper to pick up, even though it lacks Simanim. (ruling of HaRav Nisim Karelitz Shlita, ibid. footnote 15)
QUESTION & ANSWER CORNER
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers.
These Q&A are taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Gmail.com
QUESTION:
I read on [another wonderful Halacha website] that "one may leave a pot on an uncovered fire[without a blech] before Shabbos if they are not planning to return the pot to the fire after removing it on Shabbos.
Also, the contents of the pot must be half cooked before Shabbos, or if there is no other possibility, at least one third cooked".
Does this halacha sound right to you ?
ANSWER:
Although according to the letter of the law ,once a food has been partially cooked (a third according to some Poskim, and half cooked according to others) it may be left on the fire on Shabbos without a blech, it is best to be stringent and not keep food on an open flame, and also try and make sure all food is fully cooked before Shabbos, unless in extreme situations of great necessity. (See second opinion of Bais Yosef and the Ram"a Siman 253:1 and Biur Halacha, Chazon Ish Siman 37:3, Mishna Berura in his summary end of Siman 259 and Shulchan Aruch HaRav Siman 253:7. See also Shmiras Shabbos K'Hilchaso Perek 1:63).
CHIZUK CORNER
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