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Ruling: The Pitchei Teshuva (Choshen Mishpat 285:3) brings a machloket among Acharonim regarding a case where it is not known who the deceased’s inheritors are, whether he who has possession of the property (muchzak) keeps them or whether a custodian is appointed for them. The Sh’eilat Yaavetz (I, 142) and Chatam Sofer (CM 122) take the former approach. The Maharam Lublin (12) says that the muchzak cannot acquire the property since everyone has some level of relative and whoever it is, even if we do not know who, owns it.
The Maharam Lublin’s question appears to be a powerful one, as what force can expropriate the property from its halachic owner. In truth, the aforementioned poskim discuss cases where there are inheritors who can be located, just that beit din has yet to ascertain who. In contrast, in our case, the deceased had searched for years for relatives and found none. Since it is unlikely that any inheritor will ever be identified, beit din ruled that the property becomes hefker (ownerless) and the widow is able to obtain it.
The basis for this ruling is the Talmudic concept of zuto shel yam (the swelling of the sea, which takes property out to sea). The gemara (Bava Metzia 22b) learns from the pasuk regarding the returning of lost objects that one returns that which is "lost from him and you find" that objects that are lost from everyone need not be returned. So rules the Shulchan Aruch (CM 259:7) regarding one who saves an object from a lion, a bear, or zuto shel yam. The Rishonim say that the object becomes hefker even if the owner did not have ye’ush (give up hope of retrieving the object), which is usually what makes something hefker.
Similarly, the Rambam (Gezeila Va’aveida 16: 7-8) says that if an object is found after a long time in someone’s property in a manner that no one was likely to find it for a long time, then the owner of the property where it was found did not acquire it. Again, that which is not accessible to mankind is not acquirable, as we learn from zuto shel yam (see also Tosafot, Bav Metzia 26a and Beit Yosef, CM 260). So too here, the unknown inheritors are unlikely to ever be able to claim the property, and they cannot maintain ownership.
The Rama (CM 276:4) says that when one whose father is unknown dies, his property becomes hefker. The K’tzot Hachoshen (256:1) asks why we do not treat it as a doubt who the inheritor is and leave it untouched. However, the Netivot Hamishpat (ad loc.) says, as we have said, that when no one will be able to claim the property, it becomes hefker.
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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.
