1) If two individuals come forward claiming the lost item is theirs, and they both bring witnesses testifying to this effect, the item remains with the finder until Eliyahu Hanavi arrives to reveal the identity of the true owner. (Rama Choshen Mishpat Siman267:8 and Sm"a Os 11)
2) If they both bring witnesses and one of the individuals also gives the correct Simanim, according to the Rama (ibid.) he still does not get the item, as once there are witnesses involved the Simanim are worthless. (See' Shach Os 6 where he isn't convinced that this is the correct ruling)
If one brings witnesses and the other gives Simanim, even strong Simanim, the item goes to the one who brought the witnesses, even if all they testify is that the item belongs to the individual, but do not know that he lost it. (Shulchan Aruch Choshen Mishpat Siman267:9 and Shach Os 7 and 8)
Halachos for Shabbos Kodesh
1) If upon returning the lost item to the owner, the owner claims that part of the item is missing (e.g. a wallet with $50 in it is returned and the owner claims there was $100 in it or if the owner claims that the item being returned was firmly attached to another item and thus the finder must be returning only half of what he found) the finder is believed that what he is returning is exactly what he found and he does not need to swear or otherwise prove it. (Shulchan Aruch Choshen Mishpat Siman 267:27)
2) If the owner claims that he saw the finder pick up two items attached to one another and now he only returned one of them, some Poskim require the finder to swear that he is returning all that he found, while other Poskim maintain that even in this case the onus is not on the finder to prove that he returned all that he found. (See Sm"a Siman 267 Os 42 and Pischei Teshuva Os 4)
This concludes Part 1 of the Halachos of Hashovas Aveidah.
Starting next week we will, B'Ezras Hashem, begin reviewing the timely halachos of Chodesh Elul and Yamim Noraim.
We will,B'Ezras Hashem, return for Part 2 of Halachos of Hashovas Aveidah after the Yomim Tovim.
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:
With regard to Ikar and Tafel, you gave an example of eating cheerios with milk and stated that one only says Mezonos.
What if one is generous with the milk and will drink the remaining milk after the cheerios have been eaten (whether actually drinking or spooning the milk after the cheerious were already eaten). In such a case would one make a shehakol after the cereal was finished and before eating/drinking the milk?
ANSWER:
If the extra milk was put in initially because it was specifically wanted as a drink, it will require its own Bracha of SheHakol right away and won't be a Tafel to the cereal in the first place.
If, however, the milk was put in as a Tafel to the cereal, then he leftover milk may be drunk, and no new Bracha is required, as it retains its status as a Tafel even after the Ikar has been consumed.
CHIZUK CORNER
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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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זכר צדיקים וקדושים לברכה
Question:
How does suffering improve a person?
Answer:
There's an endless well of greatness in mankind, only it slumbers within him. Vicissitudes are like salt that sweetens man. Undergoing difficulties in life stirs this greatness to the surface.
Important Numbers
