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- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: First, let’s set ground rules for our answer. The army has the right to make rules of discipline, which we join them in expecting soldiers to obey just because the army is a place that requires discipline. We are not dealing with the real possibility the actions described are prohibited on those grounds (for that, you can inquire in the army). We are also answering theoretically based on the assumptions raised in the question and do not intend to rule about specific cases.
All the objects in question were, at some point, fully owned by the army for the purpose of using them on their terms, and we are discussing objects that will end up in the garbage in a way that they will become hefker (ownerless). There are two justifications for using such objects before they are disposed of:
1. The owners give permission. It is a good question if permission has to be explicit or can even be assumed (see Machaneh Ephrayim, Gezeila 2). Presumably, if an owner says he does not give permission, then he does not give permission, even if one believes he is not losing anything (Rama, Choshen Mishpat 363:6). Granted, there is a concept of kofin al midat S’dom (we may force a person to allow someone to technically infringe on his ownership rights when failure to allow is immoral (Bava Batra 12b)). According to many, in a case the person can be forced, one who wants to use the object can take it on his own accord (see Rosh, Bava Kama 10:16). However, when there is any semi-plausible reason that the owner might lose out by his object being taken, it is forbidden to do so, even if it is only due to concern of what might possibly happen and even regarding indirect damage (see K’tzot Hachoshen 154:1). The reasons you cited suffice.
It is plausible that an entity such as the army might not give permission to others to take their food not because they really don’t give permission, but that it is a disclaimer in order to protect them from being sued if someone gets sick. That would change the picture, but we will not try to conjecture if that is the case here.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
247 - Double Wrapping Food in a Treif Oven
248 - Refusing Permission to Take Unwanted Things
249 - Dilemmas of Chazan for Shabbat Kedusha
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