YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The fundamental halacha is that one who retrieves his stolen object from a buyer from the thief (the official, in this case) does not have to reimburse the buyer. In many cases, though, there is a takanat hashuk to protect the unsuspecting buyer by making the victim of the theft reimburse the buyer for what he spent on it (the victim then sues the thief). However, the gemara (Bava Kama 115a) says that this takana was not said when the buyer bought from a known thief, and this is the ruling of the Rambam. The Ri, on the other hand, says that even if the seller is a known thief, the buyer is still to be reimbursed unless he knew that the object he bought was stolen.
The first question is how to rule in the case of a machloket, where status quo is critical. Do we say that the owners are not able to take their property without paying? Or do we say that since the property is anyway to be returned and the question is whether they should be reimbursed, we do not extract payment out of doubt? One can prove from Bava Batra 24b that the second approach is correct, and we should give the owners the benefit of the doubt.
In any case, it is clear that here all agree that takanat hashuk does not apply. First, it is clear from the identification on the objects themselves from whom they come, and the buyers should have known not to buy the merchandise. This was reinforced by the community’s ban on buying the merchandise from the official.
The only question is whether we should say that since the governmental authorities claimed the merchandise for themselves, their decision is binding based on dina d’malchuta (the law of the land – see Bava Kama 113b). There are two flaws with this claim. First, the law requires the government to wait three months for clarification before claiming the property found in the possession of someone who died in their area. Therefore, the official was not acting according to the law he ostensibly represented but as a thief, as is confirmed by the fact that the local judge instructed not to sell yet. Second the official’s claim that it was prudent to sell the merchandise and then see later what to do with the proceeds is groundless considering he sold items at a mere fraction of their true price.
Therefore, the owners of the Judaica get their merchandise back without having to pay the buyers [who can take up the matter of reimbursement with the official who sold it to them and perhaps lose their money for acting irresponsibly].
P'ninat Mishpat (829)
Various Rabbis
313 - Present to Minor Daughter
314 - Buying Usurped Merchandise
315 - Misplaced Window?
Load More
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
