1) One who rents or buys an apartment or home and upon moving in finds an item, should keep the following in mind:
If
the item was found in a place that is open for all to see and has a
Siman according to some Poskim it must be announced and follow all the
Halachos of Hashovas Aveidah. (See Shulchan Aruch Choshen Mishpat Siman 260:3 and Shach Os 11)
Other Poskim, however, rule that it belongs to the previous occupant of the home. (See Nesivos HaMishpat Siman 260:7)
If there is no Siman on the item, according to all Poskim it belongs to the previous occupant. (Shulchan Aruch ibid.)
2)
If the item was found in a place that is not open for all to see (e.g.
in the attic), if it has a Siman, according to some Poskim he must
announce it and according to some Poskim the new occupant may keep the
item. (Shach and Nesivos HaMishpat ibid.)
If it has no Siman, all agree that he can keep the item. (ibid.)
If
the item was found in an extremely hidden place (e.g. under the floor
boards), some say it belongs to the new occupant, while others say [if
it's a rental] it belongs to the owner of the home, and not the renter. (ibid. See also Sma Siman 313:5)
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
Question:
I
recently heard from someone that it is prohibited for a man to sit
behind a woman! Is that true? Were does it say? For instance in a car
where a couple goes in front and men are in the back.
Answer:
Chazal say that a man should not walk behind a woman, and
should quicker walk behind a lion! This halacha is brought in Shulchan
Aruch (Even HaEzer Siman 21)
The reason for this was that a man walking behind a woman
will come to gaze at her and lead him to improper thoughs and Chas
V'Shalom to improper actions.
There is a debate amongst contemporary Poskim if this
applies nowadays when it is much more prevalant for women to be in
public, and only in the times of Chazal when it was rare to see a woman
in public would it perhaps lead to sin.
The Leket Yosher, disciple of the Terumas HaDeshen (Siman
376) rules that this prohibition is not in force today. Rav Shlomo
Zalmen Auerbach Zatzal (Shu"t Minchas Shlomo Vol. 1 Siman 91:23) rules
that nowadays when women are found everywhere, it is virtually
impossible not to be walking behind one woman or another and it doesn't
lead to any bad things and thus it doesnt apply today as stringently as
it did in the times of Chazal.
Other Poskim (Shu"t Mishne Halachos Vol.5 Siman 226 and 227
and Vol.12 Siman 305, the Sha'ar HaTzion quoting the Radvaz as well as
other Poskim) maintain that the halacha is in full force today.
Obviously, all agree that if one knows themselves and their
being behind a woman will lead to bad things, the halacha applies to
him 100% even today. Also, all seem to agree that if one is on a bus,
for example, and has the choice to either sit directly behind a woman or
in a different seat, that he must choose the different seat.
As even if we rule to be lenient today, that is only in
cases of necessity and when it is impossible or impractical to be
stringent. Thus, in a car, it is best to try and arrange the seating in
such a way that no man is sitting directly behind a woman, but if this
is impossible, we have on whom to rely, as long as nobody knows
themselves that they will Chas V'Shalom come to sinful thoughts or
actions by not following this Halacha.
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.
May we all strive to follow in their ways and may they be Melitzei Yosher for all of Klal Yisroel.
We
will B'Ezras Hashem post here each day a short inspirational thought to
help us all improve our lives and grow in our service of our Father in
heaven, HaKadosh Baruch Hu.
Important Numbers
