7

I went to Yeshiva in Israel, and the Yeshiva told us that whatever was left behind (even things with simanim) during bein hazmanim would be hefker? On what basis can the yeshiva do this?

Shteigg101
  • 103
  • 7

2 Answers2

7

In חושן משפט, סימן שי״ט סעיף א׳ it says, that if someone brought something into someone else’s property without permission, or broke the conditions upon which the owner allowed him to bring it in,the owner has permission to throw it onto the streets, as long as he let the owner of the object know.

However he has no permission to cause damage to the object - חושן משפט סימן שע״ח סעיף ו׳

שלום
  • 3,262
  • 1
  • 4
  • 28
  • "In חושן משפט, סימן קי״ט סעיף א׳ it says, that if someone brought something into someone else’s property without permission" - but if they are a bochur at that yeshiva, surely they have permission? – Dov Mar 22 '23 at 08:16
  • 1
    Why would there be a difference, now that he is told he no longer has permission? It doesn’t seem like it’s a Punishment but a consequence – שלום Mar 22 '23 at 09:56
  • @Shalom ber what is the svara behind the halacha? – Shteigg101 Mar 22 '23 at 12:36
  • בבא קמא כ״ז א׳ - there is a מחלוקת if ״עביד איניש דינא לנפשי׳ במקום דליכא פסידא״, which means: if one is permitted to save himself the bother of going to בית דין, and take matters into his own hands, even when he won’t lose out by going to בית דין - the הלכה is that he is allowed :) – שלום Mar 22 '23 at 13:03
  • @Shalom ber, thanks! – Shteigg101 Mar 22 '23 at 13:14
  • Re svara I would think in part it's a form of trespassing. @Dov I think the key is the part about breaking the condition. If I offer to watch your houseplant for a week and you haven't returned after a month that's a similar imposition as just leaving it at my house without permission. Assuming the yeshiva publicizes this policy ahead of time, then a condition of letting you bring your books is that you'll remove them in a timely manner. – Avraham Apr 16 '23 at 14:36
1

Great question.
In the Responsa of the Birchas Reuven would seem to suggest it is assur to make such a demand. To an extent you can't even take things from genizah without trying to find the owner. enter image description here

In the sefer Shareei Yosher חשן משפט סי קיד he would allow if the proper notice has been given (but only bde eved)
The above cases are discussing a Shul I fail to see a difference between a shul and a Yeshiva in this scenario

fulltimekollelguy
  • 2,211
  • 2
  • 19