HALACHA and MACHSHAVA Rabbi Pinchas Gelb: Mordechai and Esther’S Conviction of Conscience

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HALACHA and MACHSHAVA Rabbi Pinchas Gelb: Mordechai and Esther’S Conviction of Conscience • NITZACHONניצחון Adas Torah Journal of Torah Ideas VOLUMEVOLUME 7:1 7:1 • •FALL-WINTER FALL-WINTER 57805780 • •LOS LOS ANGELES ANGELES Nitzachon Adas Torah Journal of Torah Ideas Volume 7:1 Fall-Winter 5780 Adas Torah 9040 West Pico Boulevard Los Angeles, CA 90035 www.adastorah.org [email protected] (310) 228-0963 Rabbi Dovid Revah, Rav and Mara D’Asra Alan Rich, President Nitzachon Editorial Team Michael Kleinman, General Editor Yaakov Siegel, General Editor Yaakov Rich, General Editor Rob Shur, Design and Layout www.rbscreative.com VOLUME 7:1 • FALL-WINTER 5780 ראש וראשון Rabbi Dovid Revah: Finders Keepers: When Don’t I Have to Return a Lost Object? ..................................................................................... p. 11 Rabbi Aryeh Adler: Guest Contributor Common Ribbis Shailos When Friends and Family Help You Borrow Money ..................................................................................... p. 17 ROSH HASHANA David R. Schwarcz: Seeing is Knowing: Synesthesia and the Shofar Blasts ..................................................................................... p. 25 Meir Nemetsky: Depth by a Thousand Cuts ..................................................................................... p. 39 Robert Millman: Is Teshuva Possible? ..................................................................................... p. 47 SUKKOS Rabbi David Mahler: The Secret Message of the Sukkas Shalom: A Halachic Perspective ..................................................................................... p. 55 Ariella Azizi: Sukkos: Reaching for the Stars ..................................................................................... p. 59 Yaakov Rich: These Sukkos: Why Do We Build Them? ..................................................................................... p. 65 MACHLOKES L’SHEM SHAMAYIM Rabbi Zvi Schindel: All Quiet on the Western Front? Aliya and Spiritual Gain ..................................................................................... p. 91 Rabbi Yaakov Siegel: There’s Only One Place a Jew Should Live – Where He’ll Do the Most Torah and Mitzvos ..................................................................................... p. 103 Dr. Michael Kleinman: Shabbos: Argument for a 6:55pm Minyan ..................................................................................... p. 117 Evan Silver: Shabbos: Argument for Either Shkia or Plag ..................................................................................... p. 125 3 ניצחון • NITZACHON VOLUME 7:1 • FALL-WINTER 5780 HALACHA AND MACHSHAVA Rabbi Pinchas Gelb: Mordechai and Esther’s Conviction of Conscience ..................................................................................... p. 137 Moshe and Oren Neiman: The Bar Mitzva Boy’s Question: Can IDaven Mussaf from the Amud? ..................................................................................... p. 143 Josh Rothenberg: The Eclipse, the Calendar, and the Future ..................................................................................... p. 149 Eli Snyder: Hawaiian Fridays ..................................................................................... p. 159 Isaac Kleinman: Discovering Fundamentals of Hilchos Shabbos Through Fishing ..................................................................................... p. 169 Adiv Pachter: Torah About Torah ..................................................................................... p. 181 ניצחון • NITZACHON 4 In honor of Adas Torah, the 12th issue of Nitzachon and the Torah it spreads With special thanks to Rabbi and Mrs. Revah Yasher Koach to all those who put in many hours of hard work to make the journal a reality. Wishing everyone a ksiva v’chasima tova. • Joey and Tracey Goldstein and Family In Honor of Rabbi and Mrs. Gradon for their friendship and guidance over the past 30+ years. • Brian and Lesley Kleinman Dedicated in Loving Memory of Jacob Siegel יעקב בן צבי הלוי Rose Siegel שרה ראסא בת רפאל Manfred Raphael Lehmann רב מנשה רפאל בן החבר ר’ חיים ופייגא Sara Anne Lehmann שרה בת ר’ יצחק משולם פייש וחיה חנה איידל Jamie Lehmann חיים מנחם בן ר’ מנשה רפאל ושרה • Yitzchok and Barbara Lehmann Siegel and Family In honor of the Nitzachon editors: Yaakov Rich, Rabbi Jackie Siegel, and Dr. Michael Kleinman forSponsored all the work Anonymously they do to make Nitzachon a reality. • Naomi & Adam Rich מוקדש לזכרם של נפתלי בן צבי ז”ל חוה גולדשען בת יעקב ז”ל אפרים בן אהרן ז”ל תהיו נשמותיהם צרורות בצרור החיים Dedicated in loving memory of Harvey and Eva Rich z”l • Kurt Marcus z”l May their memories be blessed • Alan and Marilyn Rich ראש וראשון • Rabbi Dovid Revah Rabbi Aryeh Adler Guest Contributor RaBBI DOVid REVah Finders Keepers: When Don’t I Have to Return a Lost Object? RABBI DOVID REVAH • he second perek of Maseches Bava Metzia, Perek Eilu Metzios, discusses the halachos of hashavas aveida, the mitzva to return a lost object. If one finds a lost object, in many cases they are not allowed keep it. In addition, there is Tan obligation to pick it up, store it safely and make every effort to locate the owner. Practically that would mean posting it on communal emails or hanging a sign in a public area. The first twomishnayos teach us which items must be returned and which can be kept. If one finds an item afteryiush, after the owner has given up hope of getting back his object, he may keep it. The requirement to return the object is only when it was found while the owner still retains hope of getting it back. Themishna sets out a rule; if an item has a siman, something unique with which the owner can use to identify the object as his, and the item was lost in a mostly Jewish area, one must assume that the owner was not meyaish. The owner will probably not give up hope because he expects that the finder will followhalacha and attempt to return the object and he will be able to demonstrate that the item is his by identifying the siman.1 But if the object was lost in a non-Jewish area, the owner will give up hope because he will assume a non-Jew will find it. Even if it was lost in a Jewish area, if there is nosiman , he will not be able to prove that the object is his. Since there is very little chance that he will get it back, he will be meyaish. Therefore, the finder can keep the object. Thegemara adds a second condition required in order to keep the found object. It is not enough for the loser to be meyaish, but the yiush must have occurred before 1 A siman plays two roles. First, by providing the siman it proves that he is telling the truth that he lost this object. In addition, even if we do not suspect the claimant of lying, without a siman, it is possible that this found pen is not the one he lost. Rabbi Dovid Revah has served as the Rav and Mara D’Asra of Adas Torah since 2005. 11 ניצחון • NITZACHON ראש וראשון the item is found, which means that the owner must have already discovered that he lost the item before it was found. However, if one found the object before the owner realized that he lost it, he would not be able to keep it.2 Thegemara questions how a finder will ever know if the owner has as of yet realized that he lost this object, and the gemara sets several rules. We can assume that when someone loses cash, or something valuable or something heavy, he will realize almost immediately, and if there is no siman, he will be meyaish.3 Accordingly, a non-valuable object, where there is no assumption that the owner is immediately aware that it was lost would not be permitted to keep.4 Throughout Perek Eilu Metzios we find four other categories of lost objects that do not have to be returned even if they have a siman.5 1. Zuto shel Yam: An object found after being carried off by the sea or a flood.6 2. Pachos mishave pruta: An object which has very little worth. 3. Aveidas Akum: An object belonging to a non-Jew. 4. Aveida midaas: An object with which the owner was knowingly negligent. For example, leaving something overnight on the front lawn in a way that it can easily be stolen. As we mentioned, there are two halachos which are relevant when one finds an aveida with a siman. First, he may not take it for himself, and secondly, he must attempt to return it. The assumption is that the exclusion ofzuto shel yam, pachos mishave pruta, and aveidas akum will exempt you from both halachos. You do not need to try to return it and you may even keep it. What about an aveida midaas? The Tur 2 Thegemara adds that although the owner will eventually become aware that he lost the object and will most certainly be meyaish, it is too late. Thegemara does not explain why this is true, and several reasons are offered by the rishonim. 3 The assumptions of thegemara do not seem to be true today. For example, the gemara says that a person holding money constantly checks his pocket. This is not true today. Contemporaryposkim argue whether the halacha should change in light of the change in people’s practices. 4 Theposkim disagree what should be done. Rav Akiva Eiger says that there is no point in picking it up since you anyways will not be able to locate the owner. He says that you should just leave it on the ground. TheShulchan Aruch HaRav disagrees and says that you must pick it up and hold on to it. Contemporary poskim say that as long as the item is not unique, you may choose to write down the circumstances of how you found it, and then keep the object, provided that you would pay for a replacement if the owner is ever found. 5 All four of these categories
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