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Aug 19, 2021

Interesting Psak: return the money or not

Hamechadesh is reporting on an interesting psak. 

An avreich found a a nice stash of money - $5000. He also noticed clear simanim indicating ownership, realizing it would be fairly simple to find the owner. It seems the simanim also made it clear the owner is not Jewish, and according to halacha there is no need to returnt eh lost object of a non-Jew 9and according to some opinions it might not even be allowed at all, unless returning it would cause a kiddush hashem). 

This fellow sent his question to some of the gedolim for uidance - he asked if he should return it to make a kiddush hashem or should he keep it considering he needs money desperately and is in debt and his needs take priority over the benefit of making a kiddush hashem?

Rav Meir Stern paskened that the only situation in which the person should return a lost item to make a kiddush hashem is when he is completely confident in the decision and completely happy in using the lost object to create a kiddush hashem and is happier doing this than he would be keeping it for his own needs and paying his debts. Rav Stern says this is rare today as most people would not be that happy, and then the benefit of returning the money would be lost  in the deficiency of the kiddush hashem being lower quality. 

Rabbis Mordechai Gross and Shamai Gross paskened that if the avreich is needy he should not return it as his life comes first before making a kiddush hashem, especially if he has debts that he needs to pay back. he has debts and suddenly came across this money sent from Heaven - he takes priority over a mitzva he is not really obligated in anyway..

Rav Chaim Kanievsky paskened differently, saying he should return the money. Rav Kanievsly said nobody loses when making a kiddush hashem. If he would return the money to make a kiddush hashem, it is guaranteed that he won't lose.




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8 comments:

  1. what ever happened to asking one poseik?
    KVCT

    ReplyDelete
  2. It is already a chillul haShem, just by asking what to do.

    ReplyDelete
  3. this reminds of rabbi riskin's test of rebbi applicants. the shaila was you were mailed two items when you ordered one. what do you do . if the answer included any pilpul , not hired. if answer send one back , that is one who could teach the next dor.

    no wonder we have chakiras in how one may al pi din cheat the government , dina dmalchuta only on gentile entities [if at all ] etc

    ReplyDelete
    Replies
    1. I never heard that Rabbi Riskin story. interesting

      Delete
  4. Replies
    1. it is definitely not gezeila. he found money. that's not theft (halachically)

      Delete
    2. The owner lost the item. It is considered abandoned. There is no gezeilah.

      Delete
    3. I'm not talking strict halakha. You find something with someone's name on it an don't return it, I don't care about pilpul. It's theft.

      Delete

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