1) When determining if the area where a lost object was found has a majority of Jews or non-Jews, it is defined by the majority that passes through the area and not by the majority of the residents in the area. (Shulchan Aruch Choshen Mishpat Siman 259:3)
Thus, for example, a lost object which was found in the Rova HaYehudi, the Jewish quarter located in the southeastern part of the Old City of Yerushalayim, may be kept by the finder, as although the residents of the Rova Hayehudi are mostly Jewish, the majority of people who pass through there each day aren't Jewish. (This ruling with the example was given by Maran HaRav Yosef Shalom Elyashiv Zatzal, quoted in Hashovas Aveidah K'Halacha page 35 footnote 9)
A lost object found in a building whose inhabitants are mostly Jewish, even if the building is situated on a street that has a non-Jewish majority, is subject to all the Halachos of Hashovas Aveidah, as most of the people who pass through that building are Jewish. (Ruling of HaRav Moshe Feinstein Zatzal quoted in Hashovas Aveidah K'Halacha page 35 footnote 10).
2) Even though there is no obligation to announce the finding of a lost object found in an area that is mostly non-Jewish and no obligation to return it, if a Jew approaches the finder and provides an adequate Siman it is proper to go beyond the letter of the law (Lifnim Mishuras Hadin) and return it to him. (SeeShulchan Aruch Choshen Mishpat Siman 259:5 and Sm"a S"K 12)
If the finder is a poor person and the lost item belongs to a wealthy person, there is no obligation to go beyond the letter of the law. (Rama ibid.)
However, if the finder is wealthy (or even of average means, according to some Poskim) and the owner of the lost object is poor, we compel the finder to go beyond the letter of the law and return it. (See Shach Choshen Mishpat Siman 259 S"K 3. See Pischei Teshuva Choshen Mishpat Siman 12:6 that according to most Poskim this "compelling" is only done verbally and not forcibly.)
QUESTION & ANSWER CORNER
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers.
These Q&A are taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Gmail.com
QUESTION:
Some well-intentioned yidden, in the stressful moments before the bakery closes on Erev Shabbos, have the unfortunate practice of pushing ahead in line.
Can Hamotzei be recited on challah which has been purchased by "stealing" a place in line?
And what about if they have, more directly, "stolen" the last Challah (because they bought the last one) - can they even recite hamotzee now?
ANSWER:
Although the practice of cutting a line or making a dash to buy the last Chalah when someone else was first is a rude and wrong practice, it does not make the Challah purchased a "stolen" Chalah, and a bracha must be receited when eating the challah.
CHIZUK CORNER
This section is dedicated L'Ilui Nishmos the Telzer Rosh Yeshiva, HaRav Chaim Yaakov Stein Zatzal , the Mir Rosh Yeshiva, HaRav Noson Tzvi Finkel Zatzal and the Rosh Yeshiva of Torah Ohr, the great Posek HaRav Chaim Pinchas Scheinberg Zatzal.
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