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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 (825)
Various Rabbis
347 - Buying Oneself Back from the Chevra Kaddisha
348 - What to Do with Abandoned Jewelry
349 - Changing a Community Tax Assessment
Load More
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.
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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.