Today's Halachos are dedicated by a daily reader as a merit for a Refuah Shelaima for
Chaim Nochum Tzvi ben Chava Toba
B'Soch Sha'ar Cholei Yisroel.
CURRENT TOPIC: HILCHOS HASHOVAS AVEIDAH: PART 2
1) An item which, seemingly, the owner would specifically want this one back and not its replacement or its value, must be held on to until the arrival of Eliyahu Hanavi at which time the owner will be identified.
This includes items with sentimental or personal value, such as rare or antique books or Seforim, exceptionally beautiful Tefillin or any other similar items. (See Sma Siman 267:30 and Shu"t Minchas Elazar Vol. 4 Siman9)
2) These items must be looked after, protected and guarded until the time the owner is identified. The finder becomes a "Shomer Chinam" and thus will not be responsible for the item in the event that it gets stolen or lost through no negligence on his part. (See Rama Choshen Mishpat Siman 267:16)
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:
You wrote: [ in the halachos of Birchas Harayach, on October 20 2009 ]
"In cases of uncertainty as to the intended purpose of the orchard, it is best to actually take a flower/fruit in the hand for the purpose of enjoying its fragrance, and recite a Bracha, and not rely simply on the fact that the smell is reaching you from where you are standing"
What should one do if he finds himself in this situaiton on shabbos?
Answer:
On shabbos it would be muktzah to touch and thus you cannot take it in your hand to recite a bracha. Moreover, on shabbos it would be considered like smelling something of issur, and no bracha may be recited over it if it is intended for anything other than smelling, lest one come to cutting ot off the tree.
If it is specifically there for smelling, according to many Poskim it is muttar to smell it and recite a bracha on shabbos, as we aren't worried you will cut it off for another purpose.
According to some Poskim even these you may only smell from far away and not get too close lest you cut off a piece on shabbos.
(See Mishna Berura 336:48 and 49 and Shmiras Shabbos K'Hilchaso Perek 26 footnote 72)
CHIZUK CORNER
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זכר צדיקים וקדושים לברכה
"Al tadin es chavercha ad she'tagia limkomo"
"Do not judge someone else until you have reached their place."
(Pirkei Avos 2:4)
In other words, you can NEVER judge another human being, as you will NEVER be in his/her exact situation.
Important Numbers
