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Answer: Let us take off the table the confusing matter of kedushat shvi’it. The field owner is required to treat his fruit as hefker (ownerless). There is a machloket whether it is automatically hefker based on divine decree (Shut Hamabit I:11; see Bava Metzia 39a) or whether it occurs only after the owner is, properly, mafkir (Avkat Rochel 24). When one permissibly receives fruit for consumption, he does become owner of the fruit, with kedushat shvi’it dictating halachot of its consumption and treatment. For that reason, a man is able to use fruit with kedushat shvi’it to marry a woman (Kiddushin 52a; see Rashi ad loc.) even though this requires the chatan’s ownership. Only at the time of bi’ur (when the fruit are no longer available in the field) must one temporarily return them to hefker (see Derech Emuna, Shemitta 7:17). Therefore, the kedushat shvi’it status will not make a difference.
Do you have to worry that it is someone else’s fruit? Your wife is not sure it is yours because this fruit, like most, has no siman (identifiable sign). By all indications, had it fallen from anyone else, they also would not have a siman. In such a case, Halacha assumes that the owner gave up hope of reclaiming it (yei’ush), as an honest finder will not be able it to find and confirm the owner. We rule that yei’ush shelo mida’at (a person will have yei’ush when he finds out of the loss but this has yet to occur) is ineffective, as the yei’ush must precede the finder picking it up (ibid. 22b). Therefore, for it to be permitted to take it, one would have to assume that the owner realized that the fruit fell. We pasken one may make this assumption (Shulchan Aruch, Choshen Mishpat 262:7) even though it is not a simple assumption (see S’ma ad loc. 15). Therefore, you are permitted to keep it.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
501 - Responsive Baby Bassinet
502 - Finding a Fruit with Kedushat Shvi’it
503 - How Much of a Tzedaka Preference to Relatives?
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In another way, your rights are much greater than the average one, because there is strong reason to think it is yours. In fact, even if a neighbor would have seen you picking up the fruit and demanded it back due to the possibility he dropped it, he would not be able to extract it from you without proof. You can then take comfort in the answer to the Mahari Basan’s famous question (cited in Kuntras Hasefeikot I:6) about the halacha that Reuven who is in possession of something does not have to give it to Shimon who makes a claim with insufficient proof, even if Reuven is unsure what the truth is. Why don’t we require Reuven to give it up due to the doubt that he might be stealing from Shimon? The most accepted answer is that once we determine who has rights to it based on the rules of monetary Halacha, the prohibition of stealing does not apply. Here too, if no neighbor is expected to be able to prove himself more deserving than you, you have no reason for concern.
If you want to try to return, not out of concern but out of love of going beyond the Halacha in monetary matters, that it is a different story. However, it would seem that such steps are more appropriate in cases that make a difference to people, not a single fruit.
P'ninat Mishpat Complaints about Contractor’s Work – part II
(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)
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
