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- Bemare Habazak - Rabbis Questions
Answer: While these agreeable people, who have gone beyond halachic requirements (see below), can do whatever they agree on, it is an honor to discuss relevant general halachot.
A katan, who is not expected to be proficient at watching objects, and his parents, are exempt from payment for his deficiencies as a shomer (see Bava Kama 87a). However, our communities seem happier when children are encouraged to be careful and when their parents often pay for their failings.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
565 - Ask the Rabbi: Accepting Shabbat Early during Army Service.
566 - Ask the Rabbi: Basketball Swap?
567 - Ask the Rabbi: The Laining of a Reading Challenged Boy
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Now, we get to your question about what to do with the balls. The mishna (Bava Metzia 33b) says that if a shomer pays for the theft of the object he was watching and later the thief was caught and has to pay double (kefel), the shomer gets the kefel. The gemara posits that since the shomer is nice enough to agree to pay, the owner transfers him rights to the kefel. In response to technical problems about the ability to transfer such a potential, amorphous asset, the gemara answers that an implied, earlier, conditional (should he pay) transfer of the object makes it possible for the shomer to get the kefel. The gemara continues that this transfer applies to a variety of external gains from the object (not just kefel), but notto an animal’s physical products, e.g., wool and offspring.
Tosafot (ad loc.) understands that the gemara refers to a literal transfer of the lost/stolen object, so that the shomer owns the object he paid for. According to this approach, once the Levis paid, the Cohens ceded ownership rights to the old basketball. If Reuven Cohen wants his old ball back, he would have to request a favor of the Levis (the reciprocation should be return of the money the Levis paid).
The Rambam (Sh’eila 8:1) describes how when an animal stolen from a shomer is found, it returns to the original owner with its wool and offspring. According to the standard explanation of the Rambam (see Maggid Mishneh, ad loc.; K’tzot Hachoshen 295:4) wool and offspring are not exceptions to the rule but are indicative of the fact that all stolen and lost objects remain owned by the original owner even after the shomer pays for their loss. According to this approach, Reuven Cohen keeps his basketball, and the payment is returned when it turns out there is no loss.
We generally assume like Tosafot’s approach (Pitchei Choshen, Pikadon 8:13). The Shach (CM 295:11) suggests that the Rambam agrees that the shomer keeps the object if he wants it, just that the Rambam discussed a case that he did not want it.
It appears that since the whole idea of getting rights in the animal is in appreciation for the shomer’s cooperation, Tosafot agrees that he can turn down receiving the object when it is found and can thereby be eligible to receive the money he gave. (See also Shulchan Aruch, CM 103:11 for a precedent of undoing a forced payment after the lost object was found.) In our case, that would seem to mean the Cohens would have two basketballs. However, it is very possible here that since, conceptually, the Levis gave a basketball (just that for technical reasons, the Cohens ordered it), the Cohens would give the Levis the new basketball.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
