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Case: A long time ago a young woman (Sarah) hired herself out as a housekeeper at Reuven’s house. She placed gold jewelry by him as a guarantee that she would do the job, but she did not arrive on the job or reclaim the jewelry. Reuven wants to know what the moral thing to do with this jewelry is. Some people in town claim that Reuven did not act properly. They claim that Sarah wanted to back out of the employment, and Reuven refused and withheld the jewelry, and that he is inquiring out of embarrassment (as a worker is allowed to quit a job, and it is wrong to withhold a poor woman’s jewelry). They claim he is a thief whose obligation to return the object is pressing.
Ruling: Actually, if Sarah left the jewelry in the context of Reuven trying to stop her from quitting, then we actually can assume that she was mochelet (relinquished her rights) to receive them back. Although usually not claiming one’s property that is being watched or that is collateral in someone else’s possession is not a sign of mechilla, it is different if Sarah asked for them and Reuven refused. If this occurred in a place where she could have easily gone to complain in beit din or to someone else and she did not do so, we can assume mechilla.
P'ninat Mishpat (832)
Various Rabbis
347 - Buying Oneself Back from the Chevra Kaddisha
348 - What to Do with Abandoned Jewelry
349 - Changing a Community Tax Assessment
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If the above were not the circumstances of Sarah’s behavior, we need to consider the possibility that she did not come for her things because she died, in which case ownership would have been transferred to her inheritors. The Shach (Choshen Mishpat 285:7) brings an opinion that if the identity of the inheritor is not known, one takes the property away from the one holding it and gives it to a special guardian. However, this opinion is incorrect, especially when we did not know during her lifetime who her relatives are. We treat the situation as one where no one has a personal claim, even though theoretically one can come forward. Therefore, the possessor can do what he wants with the property, just that it is an act of piety to do something that can bring merit to the deceased.
However, it is not likely that she died and is more likely that she was prevented by circumstances from assuming her position. If so, she did nothing wrong and deserves, from legal and moral perspectives, her jewelry back. Since she may not know this, Reuven has to make serious efforts to return the jewelry to Sarah like any other lost object. Nowadays, we can accomplish this by putting an advertisement in a newspaper. Assuming there is nothing special about the jewelry, it is best to have them evaluated and then rent them out so that their value will not be lost to their owner in the meantime. Although one can argue with this suggestion, since there is some logic to say that Reuven can keep the jewelry, it is certainly reasonable to rent them out in a way that Sarah may end up gaining.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
