[Avodah] Chamets Sale, the one that got away

Rabbi Meir G. Rabi via Avodah avodah at lists.aishdas.org
Thu May 18 15:56:51 PDT 2017


On 19 May 2017 3:15 am, "Micha Berger" <micha at aishdas.org> wrote:
>: If ownership
>: According to Halacha
>: Is determined by believing one is in control
>: And when that control
>: Is lost
>: There's YiUsh
>: Then this Chamets
>: Had no owner
>: During Pesach

> If this were true, there would be no discussion of yi'ush shelo mida'as

I don't understand. Please explain.

One who is unaware of the loss of his wallet, believes he is still in
control. We Pasken that he remains the owner. Famous story, woman lost her
money at a trade fair, was found and taken to the Rov. Although there was
no question that it was the money she had lost, there was no way to Pasken
that it had to be returned to her. YiUsh.

Until Reb Y ? explained that she was never the owner and her state of mind
was not relevant. It was her husband's money and he, being unaware it was
lost, still firmly believed he was in control.

YSheLoMiDaAs
suggesting that since he'd be in a different state of mind, if he knew the
facts, in other words YSheLoMiDaAs, is still a Sevara that recognises and
circulates around the principle that ownership depends upon ones state of
mind.



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