1)
As we learned, before giving back a lost item, the owner has to provide
a Siman, an identifiable sign, to prove the item is indeed his.
There are three basic types of "Simanim" described in the Poskim: A strong Siman, a medium Siman and a weak Siman. (See Sm"a Siman 267 Os 7)
2) A strong Siman
is a marking that exists only on this particular item, such as a hole
in a certain place, a particular stain on a garment, a name written on
the item or another similar Siman. (See Aruch HaShulchan Choshen Mishpat Siman 267:5)
Upon
giving a strong Siman, there is a biblical obligation to return the
item to the owner, according to many Poskim even if this particular
owner is a known swindler or an otherwise unscrupulous person.
(Ruling of the Rama Siman 267:6 and Shach Os 3 and 4, Biur HaGra Os 16
and Aruch HaShulchan Siman 267:6. The Mechaber, however, rules that a
swindler will require witnesses in order to retrieve his item, even with
a strong Siman. The Taz rules like the Mechaber.)
A medium Siman
is knowing how many of a particular item were in the bundle, knowing
the size of the item, its exact weight, the exact location where it was
found (only if the item seems to have been placed there intentionally) , knowing the color of the bow or other wrapper in which the item was found, and similar Simanim. (See Shulchan Aruch Choshen Mishpat Siman 262:3)
Although
biblically there is no obligation to return an item based on a medium
Siman, the Rabbis (Chazal) instituted that such a Siman is acceptable,
unless the claimant is a swindler. Thus a Talmid Chacham is believed if
he presents such a Siman. Likewise any person who brings character
witnesses that he isn't a swindler is believed with such a Siman.
(See Shita Mekubetzes to Bava Metzia 27b and Sm"a Siman 267 Os 10. The
contemporary Poskim are lenient and do not require witnesses and rule
that doing research and determining the good character of the claimant
is sufficient. See Hashovas Aveida K'Halacha page 54 footnote 8)
A weak Siman
is knowing the color of the item; even if the item was multi-colored,
giving a Siman that isn't unique to this item and can be found on other
similar items, such as the manufacturers size of a garment or the size
or thickness of a ring, or similar characteristics of the item which are
shared with others like it.
There is no obligation to return an item based on a weak Siman. (See Sm"a Siman 267 Os 7and Aruch HaShulchan Siman 267:6)
QUESTION & ANSWER CORNER
Reader
Submitted Questions of interest on topics related to Halachos we
covered, as well as other interesting topic and Answers.
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 |
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QUESTION:
Is it considered Yichud if there is a baby, under the age of Chinuch, present with the man and woman?
ANSWER:
In order for a child to be considered a Shomer to prevent
Yichud, a girl must be at least 3 years old according to all Poskim, and
according to others the girl must be five.
According to
Rav Moshe Feinstein Zatzal, the girl must be seven years old in order to
serve as a deterrent. For young boys the age is at least five yeras
old, and according to Rav Moshe Zatzal, here too the boy must be at
least 7. See archives of Hilchos Yichud HERE. |
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Important Numbers
