[Avodah] MaPoles, Chamets, YiUsh

[Rabbi Meir G. Rabi via Avodah]

regarding Chamets buried under a collapsed building
where we remain the owner - we intend to salvage it after Pesach
but are not transgressing BY and BY
without needing to make Bittul

I explained that Halachic ownership
is determined by ones perception of control
and explained this is the reason that YiUsh means one is no longer an owner

for example
you forget your wallet
holding your ID and some money
in a restaurant
even though you go back in the HOPE of finding it
or are HOPING an honest person will return it
this is nevertheless YiUsh
you no longer believe you are in control

although RaMBaM encourages that the finder return it
Halachically the finder is entitled to tell you
Once upon a time this was yours - but you were MeYaEsh
so it is no longer yours
and I picked it up AFTER you were already MeYaEsh

This is the foundation for the Pesak of R Y E Spektor
that money lost by a woman at a trade fair
MUST be returned
because there was NO YiUsh

the money had been found and taken to the local Rav
it matched perfectly the description given by the woman who lost it
but the finder insisted he wants to keep the money
unless he is obliged to return it

even though the woman had Simanim Muvhakim
there was no doubt the money found was the money she lost
she was certainly MeYaEsh
she is not the owner

Reb Y E Spektor
Paskened that there was no YiUsh
her husband is the owner
and he, sitting many miles away
was unaware of the loss of the money
so there was no YiUsh


R Micha argues that this is not correct
he suggests that if ownership hinges upon ones belief they are in control
then it is impossible to make sense of the Machlokes re YiUsh MiDaAs
i.e. someone loses something but is unaware it is lost
so there is no YiUsh
however if they would know it is lost
they would be MeYaEsh

I would suggest that there is no problem
the Machlokes is simply a dispute about
ACTUAL belief one is in control versus
POTENTIAL  belief one is in control

for example
walking behind a fellow Yid
you notice a diamond fall off his ring
he would be unaware of his loss

if we say YiUsh requires DaAs
then there is no YiUsh yet
you would have to wait until you see the fellow stop
and look around for something
then you can take your foot off the diamond
and take it home
[BTW is such a person a Rasha? or worse, not a Mentsch?]

If we hold YiUsh does NOT require ACTUAL DaAs
then you can take the diamond straight away
because we know he WILL be MeYaEsh as soon as he discovers his loss
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