October 14, 2012
CURRENT TOPIC: HILCHOS HASHOVAS AVEIDAH: PART 2
Before the Yomim Nora'im we began studying the Halachos of "Hashovas Aveidah". We took a break to review the timely Halachos of Elul and Tishrei, and we shall now resume with "Halachos of Hashovas Aveidah: Part 2".
To review "Part 1" please click here.
1) In Part 1 we briefly mentioned the concept of " Yehei Munach Ad SheYavo Eliyahu" where a lost item with a Siman whose owner cannot be located should be held on to until Eliyahu Hanavi arrives to identify the owner. (See Rama Choshen Mishpat Siman 260: 10)
We will now discuss in more detail when and under which circumstances this concept is applied and when the items must be held and not used and when they may be held but also used.
2) One who finds an item that is easily bought and after due diligence has not located the owner, may appraise its value, write down the dollar value of the appraisal in a notebook, as well as any Simanim that the item has, and is then permitted to use the item. (See Igros Moshe Choshen Mishpat Vol. 2 Siman 45:4 regarding if the appraisal needs to be done in front of three people or not)
Some examples of this include books or Seforim that are commonly available, a regular pair of Tefilin (i.e. not a specialty pair from a certain scribe etc.) , a Tallis or any item which the owner seemingly would not care to specifically have that item and would be perfectly happy with its equal replacement. (See Shulchan Aruch Choshen Mishpat Siman 267:21, Shu"t Chasam Sofer Chosehen Mishpat Siman 122 [and Siman 143 regarding Seforim] and Aruch Hashulchan Siman 267:14.)
This would also apply to food that will spoil if not consumed.
The notebook with this information should be kept in a safe place. Alternatively, the information may be written on the inside cover of a volume of Talmud or another Sefer which will thus keep the information secure. (Since this is being done for a Mitzvah it is permitted and not considered disrespectful use of a Sefer, as per ruling of HaRav Moshe Sternbuch Shlita )
The item may also be sold, and the money from its sale used in the interim, and when the owner is found the monetary value of his item can be returned to him.
QUESTION&ANSWER CORNER
Reader
Submitted Questions of interest on topics related to Halachos we
covered, as well as other interesting topic and Answers.
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:
From
what I understand, speech is forbidden after saying Hamapil [in Krias
Shma Al Hamitah]. However Hamapil is before the rest of shma[ in many
Siddurim]? Why is this so? And should I say Hamapil before or after I
recite the rest of shma?
Answer:
There is a debate in the Poskim as to when Hamapil should be said.
Some maintain that once Hamapil is said nothing may be uttered, and thus
HaMapil should be said last.
Others maintain that although talking is forbidden, saying the
tefilos of Krias Shma and the Pesukim of shmira are not a hefsek. Either
way you do it you have on whom to rely.
The poskim point out that if you are a person who usually falls
asleep during krias shma al hamitah,it is best to say Hamapil first,
lest you end up not saying it altogether.
And if you know yourself and know that you won't fall asleep in middle. say everything else first and save HaMapil for last.
CHIZUK CORNER
This
section is dedicated L'Ilui Nishmos the Telzer Rosh Yeshiva, HaRav
Chaim Yaakov Stein Zatzal , the Mir Rosh Yeshiva, HaRav Noson Tzvi
Finkel Zatzal and the Rosh Yeshiva of Torah Ohr, the great Posek
HaRav Chaim Pinchas Scheinberg Zatzal.
May we all strive to follow in their ways and may they be Melitzei Yosher for all of Klal Yisroel.
We
will B'Ezras Hashem post here each day a short inspirational thought to
help us all improve our lives and grow in our service of our Father in
heaven, HaKadosh Baruch Hu.
Hashem
loves even the lowliest Jew more than we can love the saintliest
one...Hashem is, after all, our Father in Heaven Who has endless love
for ALL His children.
Important Numbers
