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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 deceasedโs inheritors are, whether he who has possession of the property (muchzak) keeps them or whether a custodian is appointed for them. The Shโeilat 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 Lublinโs 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 yeโush (give up hope of retrieving the object), which is usually what makes something hefker.
Similarly, the Rambam (Gezeila Vaโaveida 16: 7-8) says that if an object is found after a long time in someoneโs 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 Kโtzot 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 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.