2014-01-07T14:51:50Z

Noamstein:

Embarrassing another person is one of the most severe prohibitions in the Torah. Unfortunately, it is also one of the most often violated. It is essential to learn the Halachot of [[embarrassing others]] in order to avoid causing this terrible pain to others.
==Source of Prohibition==
There are two possible prohibitions that one violates when he or she embarrasses another.

First, the Torah prohibits oppressing another <ref> VaYikra 25:17 </ref>. The Mishnah Bava Metzia <ref> Bava metzia 58b </ref> extends this prohibition to oppressing another with words as well as with money. This prohibition forbids several different ways of oppressing with words. When one embarrasses another, he or she is in violation of the prohibition of “A man may not oppress his fellow <ref> VaYikra 25:17 </ref>."

Second, there is a specific prohibition not to embarrass that is derived from the Mitzvah of rebuking others. The Torah commands “You shall surely rebuke your friend<ref> Vayikra 19:17. </ref>.” However, the end of the verse: “and you shall not bear iniquity because of him” warns us not to allow the fulfillment of this commandment to simultaneously cause a transgression of humiliating another. The prohibition against embarrassing in this specific case creates a general prohibition against embarrassing another in any situation <ref> Sefer HaChinuch 240 based on Sifra </ref>.

In addition to violating the above prohibitions, anyone who embrasses another is also failing to fulfil the Mitzvah of V’ahavta L’reach Kamocha <ref> Vayikra 19:18. </ref>.
==Punishment==
There are three opinions about whether someone who embarasses somone else receives the punishment of Malkos (lashes):
# The Sefer HaChinuch says there is no punishment of malkos for [[embarrassing others]] <ref>Sefar chinook</ref>
# The Mordechai does however demand malkos for embarrassment, and onat devarim (verbal oppression.) <ref>Bava Metzia 4:306 </ref>
#The Chiddushei Anshei Shem approves malkos mardus, or unofficial malkos, issued by rabies which may actually be applied more severely. <ref> Chiddusei Anshei Shem</ref>

Payment for damage done by embarrassing someone
# The Talmud says that verbal harassment does not make a person responsible for monetary punishment. <ref>Bava Kama 91a</ref>
# The Maharshal says that a person can choose choose to pay a fine to the victim, or [[charity]] (it’s debated which one) instead of taking lashes. <ref>Yam Shel Shlomo 8:49 </ref>

Other Punishments in this world
# Even though there is no punishment in Beit Din, the Sefer HaChinuch warns that God has other ways of punishing people in this world<ref> Sefer HaChinuch 240</ref>
# “When one causes suffering to others, he is punished in Olam Hazeh too. Every person must pay attention to what he does and what he says so as not to hurt his fellow man. The truth is that the punishment is much worse in Olam Habo, but most people are not aroused by what they can’t see directly, so I am speaking about something that everyone understands well.”<ref>Reb Aharon Leib Shteinman as quoted in http://www.torahlab.org/community/article/why_so_much_suffering/</ref>

Punishment in the World to Come
# The gemara says all who descend into Gehenna (hell) eventually leave. Except for one who publicly shames his neighbour. <ref>R. Hanina in Bava Metziah 58b</ref>
==Atoning for Embarrassment==
In order to achieve full repentance for sinning, one must undergo a complex process of asking for forgiveness. The steps of the process include: <ref> Rambam, Hilchot Teshuva Chapter 1</ref>

# First acknowledging, then regretting one’s sin. # Privately confessing the transgression to God.
# Devoting oneself to not committing a similar transgression in the future.
# Make amends with the person you have transgressed against.
# Ask for absolute forgiveness from the one you offended, and from God.

Before examining the steps specific to atoning for embarrassment, we must assess whether or not it is even possible to do Teshuva:

# According to the Gemara, one embarrasses another publicly descends to Hell and never ascends<ref>Bava Metiza 58b </ref>. This seems to imply that the punishment is final with no chance for Teshuva.
# However, Tosafot explain that the Gemara is only talking about if you didn’t do Teshuva, because Teshuva helps for everything. <ref>Bava Metiza 58b </ref>
# The Midrash, on the other hand, says that embarrassing one in public cannot be absolved by Teshuva <ref> Otzar HaMidrashim pg. 505 </ref>.
# Rabbeinu Yonah explains that the reason we say you are condemned to Hell for eternity is not because Teshuva does not work if you do it, but it’s because it’s highly unlikely that one would actually do Teshuva for embarrassing someone. The reason being that we often rationalize [[embarrassing others]], or we simply fail to acknowledge the damage it causes. <ref> Shaarei Teshuva 3:141</ref>

While the steps enumerated above are the standard steps of completing Teshuva, there are specific steps required to atone for embarrassment:

# You must try to appease your friend at an opportune time, or until he agrees to listen to you. You must then feel you friend’s pain in your heart and resolve not to embarrass others. Finally, if one embarrasses you in the future, you should not feel upset, rather you should view it as fair. <ref> Sefer Chassidim 54</ref>
# One should give gifts to the person they oppressed as a means of making amends. One should give [[Mishloach Manot]] to the person on [[Purim]], or confront them before [[Yom Kippur]] when they’re more likely to listen. One may also have friends help him lay the groundwork for his apology. <ref> Reuven, Rabbi Nitzan Kitzur Hilchot Smirat HaLashon</ref>
# “If the humiliation took place in the presence of others, make your apology in their presence, as well as in private. Otherwise the victim has the right to say, “You shamed me in front of others, and now you want to apologize in private. Bring me all the people who heard you embarrass me, and then I will accept your apology.” <ref> Yalkout Shimoni, Hosea 14 </ref>

==Giving up your life==
The Gemara compares embarrassing someone in public to killing them<ref>Gemara Bava Metziah 58b</ref>. Murder has a special status in Halacha. It is a subject of debate if the comparison the Gemara makes between embarrassing and murder is meant to be taken literally with implications for Halacha or not.
Two comments in the Gemara seem to suggest that the comparison should be taken literally.
# When the Jewish people asked King David “what manner of death befalls he who has relations with a married woman?” David quickly replies “He is executed with strangulation, and then receives a portion in the world to come; however, one who shames his fellow in public has no portion in the world to come.” As you can see from king David is it “Better for one to have relations with a possibly married woman than to shame his fellow in public”<ref>Gemara Bava Metziah 59a</ref>.
# When Tamar, Yehuda’s daughter in law, is accused of adultery, to save herself she privately gives Yehuda a hint that she is pregnant with his baby without embarrassing him publicly. As you can see from Tamar is it “Better for one to hurl himself into a fiery furnace rather than shame his fellow in public” <ref>Gemara Bava Metziah 59a</ref>
On the other hand, some later commentators assume that when the Talmud makes comparisons between an act and some other much worse act (such as comparing stealing to murder or comparing disrespecting the [[Chagim]] to Avodah Zarah) the comparison should not be taken literally <ref>Rabbis Shlomo Zalman Auerbach, Zvi Ashkenazi and Yaakov Etlinger as cited by Feldman, Daniel Z. “Emotional Homicide: The Prohibitions Of Embarrassing Others In Public”</ref>
In the following five instances Rabbis have argued about the implications of taking the comparison between embarrassing and murder literally<ref>All five are discussed in detail in Feldman, Daniel Z. “Emotional Homicide: The Prohibitions Of Embarrassing Others In Public”</ref>:
# Should one give up their life to avoid embarrassing another just like one must give up their life to avoid killing another?
# Can you refrain from saving someone if you would be embarrassed in the process just like you can refrain from saving another if you would die in the process?
# Can you violate [[Shabbat]] to avoid embarrassment just like you can violate Shabbbat to avoid death?
# Is a kohen who embarrasses someone prohibited from ascending the duchen to say Birchat Kohanim just like a Kohen who has murdered someone is?
# Are you allowed to give permission to someone to embarrass you or not just like you are not allowed to give someone permission to kill you?

==Types of Embarrassment==
The Mishna and Gemara Bava Metzia provide several examples of things people can say that violate the prohibition of hurting others with speech. From these examples we can discern different types of ways in which a person can be hurt.

The Mishna provides these examples: <ref>Bava Metzia 58 </ref>
#One may not say to a sinner who repented “remember your prior deeds.”
#One may not say to a convert's son “remember your ancestors' deeds.”

The Gemara provides the following additional examples:<ref>Bava Metzia 58 </ref>
#He may not say to a convert who wants to learn “your mouth ate forbidden foods. Will it learn Torah, which was given from God?”
#One may not tell one suffering afflictions that he is receiving those afflictions due to prior sins.

In addition the Gemara relates three stories based on Tanach in which characters experience embarrassment:<ref>Bava Metzia 58a and 59a</ref>

# Iyov's friends spoke to him - "Mi Hu Naki Ovad". They told him that his afflictions were caused by is prior sin.
# Tamar, had she revealed that Yehuda was the one who impregnated her, would have embarrassed him.
# David’s peers used him as an example of an adulterer in their learning.

There are many ways embarrassment takes place. Calling a person by a derogatory nickname, for instance, is forbidden in Halacha. You may not ask an uneducated person for an opinion on a scholarly matter that would draw attention to his lack of knowledge or education. You may not refer someone to another person for assistance when you know the other person cannot help. These are all also examples of embarrassment that would be forbidden in Halacha.<ref>Gemara Bava Metziah 58b</ref>.

On the secular point of view, embarrassment is split up into five parts. Violation of Privacy, when private places on the body are exposed, an invasion of private information, or, an invasion of personal space. Lack of knowledge or lack of skill, when failure to showcase knowledge is displayed. Criticism, when the subject is made the center of attention for a negative reason. Awkward acts, when situations such as inappropriate conversations, clumsiness, and ungraceful actions take place in a social setting, triggering embarrassment. Appropriate image and environment, when personal possessions, clothing, and overall body image is found by the subject to be far less than what is actually expected by themselves and by society. <ref>Withers, Lesley; Sherblom, John. "Embarrassment: The Communication of an Awkward Actor Anticipating a Negative Evaluation". Human Communication 11 (2): 237–254.</ref>

Of these five parts, the examples from the Tanach, Mishna, and Gemara all either fall into one of these categories, or several of these categories.
==Notes==
<references/>

Embarrassing Others

2014-01-07T14:50:51Z

Noamstein:

Embarrassing another person is one of the most severe prohibitions in the Torah. Unfortunately, it is also one of the most often violated. It is essential to learn the Halachot of [[embarrassing others]] in order to avoid causing this terrible pain to others.
==Source of Prohibition==
There are two possible prohibitions that one violates when he or she embarrasses another.

First, the Torah prohibits oppressing another <ref> VaYikra 25:17 </ref>. The Mishnah Bava Metzia <ref> Bava metzia 58b </ref> extends this prohibition to oppressing another with words as well as with money. This prohibition forbids several different ways of oppressing with words. When one embarrasses another, he or she is in violation of the prohibition of “A man may not oppress his fellow <ref> VaYikra 25:17 </ref>."

Second, there is a specific prohibition not to embarrass that is derived from the Mitzvah of rebuking others. The Torah commands “You shall surely rebuke your friend<ref> Vayikra 19:17. </ref>.” However, the end of the verse: “and you shall not bear iniquity because of him” warns us not to allow the fulfillment of this commandment to simultaneously cause a transgression of humiliating another. The prohibition against embarrassing in this specific case creates a general prohibition against embarrassing another in any situation <ref> Sefer HaChinuch 240 based on Sifra </ref>.

In addition to violating the above prohibitions, anyone who embrasses another is also failing to fulfil the Mitzvah of V’ahavta L’reach Kamocha <ref> Vayikra 19:18. </ref>.
==Punishment==
There are three opinions about whether someone who embarasses somone else receives the punishment of Malkos (lashes):
# The Sefer HaChinuch says there is no punishment of malkos for [[embarrassing others]] <ref>Sefar chinook</ref>
# The Mordechai does however demand malkos for embarrassment, and onat devarim (verbal oppression.) <ref>Bava Metzia 4:306 </ref>
#The Chiddushei Anshei Shem approves malkos mardus, or unofficial malkos, issued by rabies which may actually be applied more severely. <ref> Chiddusei Anshei Shem</ref>

Payment for damage done by embarrassing someone
# The Talmud says that verbal harassment does not make a person responsible for monetary punishment. <ref>Bava Kama 91a</ref>
# The Maharshal says that a person can choose choose to pay a fine to the victim, or [[charity]] (it’s debated which one) instead of taking lashes. <ref>Yam Shel Shlomo 8:49 </ref>

Other Punishments in this world
# Even though there is no punishment in Beit Din, the Sefer HaChinuch warns that God has other ways of punishing people in this world<ref> Sefer HaChinuch 240</ref>
# “When one causes suffering to others, he is punished in Olam Hazeh too. Every person must pay attention to what he does and what he says so as not to hurt his fellow man. The truth is that the punishment is much worse in Olam Habo, but most people are not aroused by what they can’t see directly, so I am speaking about something that everyone understands well.”<ref>Reb Aharon Leib Shteinman as quoted in http://www.torahlab.org/community/article/why_so_much_suffering/</ref>

Punishment in the World to Come
# The gemara says all who descend into Gehenna (hell) eventually leave. Except for one who publicly shames his neighbour. <ref>R. Hanina in Bava Metziah 58b</ref>
==Atoning for Embarrassment==
In order to achieve full repentance for sinning, one must undergo a complex process of asking for forgiveness. The steps of the process include: <ref> Rambam, Hilchot Teshuva Chapter 1</ref>

# First acknowledging, then regretting one’s sin. # Privately confessing the transgression to God.
# Devoting oneself to not committing a similar transgression in the future.
# Make amends with the person you have transgressed against.
# Ask for absolute forgiveness from the one you offended, and from God.

Before examining the steps specific to atoning for embarrassment, we must assess whether or not it is even possible to do Teshuva:

# According to the Gemara, one embarrasses another publicly descends to Hell and never ascends<ref>Bava Metiza 58b </ref>. This seems to imply that the punishment is final with no chance for Teshuva.
# However, Tosafot explain that the Gemara is only talking about if you didn’t do Teshuva, because Teshuva helps for everything. <ref>Bava Metiza 58b </ref>
# The Midrash, on the other hand, says that embarrassing one in public cannot be absolved by Teshuva <ref> Otzar HaMidrashim pg. 505 </ref>.
# Rabbeinu Yonah explains that the reason we say you are condemned to Hell for eternity is not because Teshuva does not work if you do it, but it’s because it’s highly unlikely that one would actually do Teshuva for embarrassing someone. The reason being that we often rationalize [[embarrassing others]], or we simply fail to acknowledge the damage it causes. <ref> Shaarei Teshuva 3:141</ref>

While the steps enumerated above are the standard steps of completing Teshuva, there are specific steps required to atone for embarrassment:

# You must try to appease your friend at an opportune time, or until he agrees to listen to you. You must then feel you friend’s pain in your heart and resolve not to embarrass others. Finally, if one embarrasses you in the future, you should not feel upset, rather you should view it as fair. <ref> Sefer Chassidim 54</ref>
# One should give gifts to the person they oppressed as a means of making amends. One should give [[Mishloach Manot]] to the person on [[Purim]], or confront them before [[Yom Kippur]] when they’re more likely to listen. One may also have friends help him lay the groundwork for his apology. <ref> Reuven, Rabbi Nitzan Kitzur Hilchot Smirat HaLashon</ref>
# “If the humiliation took place in the presence of others, make your apology in their presence, as well as in private. Otherwise the victim has the right to say, “You shamed me in front of others, and now you want to apologize in private. Bring me all the people who heard you embarrass me, and then I will accept your apology.” <ref> Yalkout Shimoni, Hosea 14 </ref>

==Giving up your life==
The Gemara compares embarrassing someone in public to killing them<ref>Gemara Bava Metziah 58b</ref>. Murder has a special status in Halacha. It is a subject of debate if the comparison the Gemara makes between embarrassing and murder is meant to be taken literally with implications for Halacha or not.
Two comments in the Gemara seem to suggest that the comparison should be taken literally.
# When the Jewish people asked King David “what manner of death befalls he who has relations with a married woman?” David quickly replies “He is executed with strangulation, and then receives a portion in the world to come; however, one who shames his fellow in public has no portion in the world to come.” As you can see from king David is it “Better for one to have relations with a possibly married woman than to shame his fellow in public”<ref>Gemara Bava Metziah 59a</ref>.
# When Tamar, Yehuda’s daughter in law, is accused of adultery, to save herself she privately gives Yehuda a hint that she is pregnant with his baby without embarrassing him publicly. As you can see from Tamar is it “Better for one to hurl himself into a fiery furnace rather than shame his fellow in public” <ref>Gemara Bava Metziah 59a</ref>
On the other hand, some later commentators assume that when the Talmud makes comparisons between an act and some other much worse act (such as comparing stealing to murder or comparing disrespecting the [[Chagim]] to Avodah Zarah) the comparison should not be taken literally <ref>Rabbis Shlomo Zalman Auerbach, Zvi Ashkenazi and Yaakov Etlinger as cited by Feldman, Daniel Z. “Emotional Homicide: The Prohibitions Of Embarrassing Others In Public”</ref>
In the following five instances Rabbis have argued about the implications of taking the comparison between embarrassing and murder literally<ref>All five are discussed in detail in Feldman, Daniel Z. “Emotional Homicide: The Prohibitions Of Embarrassing Others In Public”</ref>:
# Should one give up their life to avoid embarrassing another just like one must give up their life to avoid killing another?
# Can you refrain from saving someone if you would be embarrassed in the process just like you can refrain from saving another if you would die in the process?
# Can you violate [[Shabbat]] to avoid embarrassment just like you can violate Shabbbat to avoid death?
# Is a kohen who embarrasses someone prohibited from ascending the duchen to say Birchat Kohanim just like a Kohen who has murdered someone is?
# Are you allowed to give permission to someone to embarrass you or not just like you are not allowed to give someone permission to kill you?
= = Types of Embarrassment = =
The Mishna and Gemara Bava Metzia provide several examples of things people can say that violate the prohibition of hurting others with speech. From these examples we can discern different types of ways in which a person can be hurt.

The Mishna provides these examples: <ref>Bava Metzia 58 </ref>
#One may not say to a sinner who repented “remember your prior deeds.”
#One may not say to a convert's son “remember your ancestors' deeds.”

The Gemara provides the following additional examples:<ref>Bava Metzia 58 </ref>
#He may not say to a convert who wants to learn “your mouth ate forbidden foods. Will it learn Torah, which was given from God?”
#One may not tell one suffering afflictions that he is receiving those afflictions due to prior sins.

In addition the Gemara relates three stories based on Tanach in which characters experience embarrassment:<ref>Bava Metzia 58a and 59a</ref>

# Iyov's friends spoke to him - "Mi Hu Naki Ovad". They told him that his afflictions were caused by is prior sin.
# Tamar, had she revealed that Yehuda was the one who impregnated her, would have embarrassed him.
# David’s peers used him as an example of an adulterer in their learning.

There are many ways embarrassment takes place. Calling a person by a derogatory nickname, for instance, is forbidden in Halacha. You may not ask an uneducated person for an opinion on a scholarly matter that would draw attention to his lack of knowledge or education. You may not refer someone to another person for assistance when you know the other person cannot help. These are all also examples of embarrassment that would be forbidden in Halacha.<ref>Gemara Bava Metziah 58b</ref>.

On the secular point of view, embarrassment is split up into five parts. Violation of Privacy, when private places on the body are exposed, an invasion of private information, or, an invasion of personal space. Lack of knowledge or lack of skill, when failure to showcase knowledge is displayed. Criticism, when the subject is made the center of attention for a negative reason. Awkward acts, when situations such as inappropriate conversations, clumsiness, and ungraceful actions take place in a social setting, triggering embarrassment. Appropriate image and environment, when personal possessions, clothing, and overall body image is found by the subject to be far less than what is actually expected by themselves and by society. <ref>Withers, Lesley; Sherblom, John. "Embarrassment: The Communication of an Awkward Actor Anticipating a Negative Evaluation". Human Communication 11 (2): 237–254.</ref>

Of these five parts, the examples from the Tanach, Mishna, and Gemara all either fall into one of these categories, or several of these categories.
==Notes==
<references/>

Homosexuality

2014-01-02T21:11:27Z

Noamstein:

Homosexuality is prohibited and is punishable by "karet" (severance).<REF>Vayikra 18:22</REF>
==The prohibition of homosexuality==
# A man may not lie sexually with another man. The punishment for doing so is karet and HaShem considers the act to be a "to'eva" (abomination).<ref>Vayikra 18:22, Keritot 2a</ref>
# Sexual contact with another man is forbidden through the prohibition of arousing sexual thoughts. <ref> Nidah 13b</ref>
* See [http://www.torahweb.org/torah/special/2010/homosexuality.html Torah View on Homosexuality] by Rav Hershel Schachter, Rav Mordechai Willig, Rav Michael Rosensweig, and Rav Mayer Twersky.
==Sources==
<references/>

2014-01-02T16:10:40Z

Noamstein:

Returning Lost Objects

2013-11-18T19:40:21Z

Noamstein:

The Torah commands us to return lost objects and prevent a loss to our fellow Jew. <ref> Sefer Hachinuch Mitzva 538, Rambam Sefer Hamitzvot Mitzvot Aseh Mitzva 204, Sefer Mitzvot Hakatzar of the Chofetz Chaim of mitzvot that can be fulfilled today mitzva 69 in positive mitzvot. see the second perek of Masechet Bava Metzia and Rambam Hilchot Gezela chapters 11 and onward. </ref> In general, if there’s an identifying mark of the lost object then there’s an obligation to return the object of our fellow Jew by safeguarding it, publicizing the loss of the object, and making sure that the rightful owner receives his object. Being that many of the these cases involve intricate details that aren’t addressed below, in a real case, one should consult a competent rabbinic authority for guidance.

==Torah Obligation==
# When a person finds a lost object and doesn't pick it up in order to return it, one violates the negative commandment not to overlook the object, and some say that one also loses the positive commandment to pick up and return the object. If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it. <Ref> The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Titalem. However, the Sma 259:1 holds that there’s only a violation of Lo Titalem for overlooking a lost object. S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol. </ref>
# The Mitzvah to return someone’s object includes a command to prevent someone’s loss. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 142) based on S”A 259:9</ref>
# There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref> S"A 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. S"A C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref>
==Where was it found?==
# If the object if found in a place where it is irretrievable, such as if someone fell into the ocean, it’s assumed that the owner forfeited ownership and it is permissible to take and keep it. <ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154-5) </ref>
# If the object was found in a safe protected place, it can be assumed that the item was placed there by its owner and so the object is not considered lost. If one by accident picked it up, one should return it right away, but if one has left the area one may not return it but rather one must return the object. For example, if one found a key under a mat or a book on top of a public telephone booth, one shouldn’t pick up the object. <Ref>Rama and S”A C”M 260:9-10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 145-6) </ref>
# If an item is found in a unsafe place, the item is considered a lost object. For example, a book on a public bus station bench. <Ref> Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 146-7) </ref>
# If an item is found in a semi-safe place, if the item has a siman then the item is considered a lost object. An example is a sweater draped over a park railing in a remote area of the park. <Ref> Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 147-8) </ref>
==Worth a Prutah==
# There isn't a mitzvah to return an object worth less than a Perutah. For the purpose of this halacha, in America, one can consider the perutah to be a quarter (the lowest denomination coin that’s useable in buying something). <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 150) </ref>
==Forfeiture==
# If the owner says explicitly that he doesn’t expect to find it, that’s considered a forfeiture of the object and it’s permissible to take and keep. <Ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 152) </ref> Similarly if it’s evident that the object has been lost for a long time (which depends on the time, place, and object) such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. <Ref>S”A C”M 260:1, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) </ref>

==Siman==
# If an object has no identifying feature then it is assumed that the owner has forfeited ownership and one may take and keep the object. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154) </ref>
# The siman must be a unique feature and not a generic characteristic. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160 note 79) </ref>
## For example, a normal color, brand name, and stamp on the item of the company are not unique features. However, a crack on the side or if a part of the object broke off are unique features. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160-1) </ref>
# The amount, weight, or length is considered a Siman only if that’s unique and not if that item is normally sold or found in that standard amount, weight, or length. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref>
## For example, “there were 6 keys on the key chain” or “there were 15 bills in the envelope” are considered unique features. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref>
# A unique wrapper, envelope, or basket is considered a siman. <Ref>S”A C”M 262:19-20 </ref>
## An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 162) </ref>
# An item that’s attached to the item can function as a siman such a tag. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) based on S”A C”M 262:18 </ref>
# The location where the item was placed is a siman. <Ref>S”A 262:3, 9 </ref> The claimant must identify the specific location within the property and not just the general area or property where it was left. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) </ref>
==Items without Simanim==
# Even if one finds an item without any Simanim one may only keep it if one is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. <Ref>S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. This is based on the opinion of Abaye in Bava Metsia 22b who holds Yiush Shelo MeDaat isn’t Yeush. </ref>
# If one finds an object without Simanim in an area which allows things to be considered lost objects, one should take it but may not keep it but rather one should hold onto it until Eliyahu comes and evaluates to whom it belongs. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 167)</ref> Some hold that one is obligated to pick up a lost item in this situation and hold onto it until Eliyahu comes, and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 170) </ref>
# There are certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take:
* if the item is heavy (such as a hammer) <ref>S”A C”M 262:3, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168)</ref>
* if it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) <ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in name of Rav Elyashiv </ref>
* cash is assumed to have been discovered by the owner who then forfeited ownership because people usually check their money frequently. <Ref> S”A 262:2. Most say that this assumption of Chazal is still applicable in our day including Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168) including Mishpat Aveidah (pg 93) and Igrot Moshe Y”D 4:23. </ref>
# In a place where Talmidei Chachamim are present one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 171-2)</ref>

==Lost object of a non-Jew==
# There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg 33) writes that nowadays there’s a prohibition like S”A. </ref> However, all agree that if one returns it with intention to make a [[Kiddish]] Hashem then it’s permissible and praiseworthy to return the object. <ref> S”A C”M 266:1 writes that if one has intent to make a [[Kiddish]] Hashem then it’s totally permissible and praiseworthy to return the lost object. Hashava Aviedah KeHalacha (2:2 pg 33) writes that it’s only permissible and praiseworthy if one is sure that returning it will result in [[Kiddish]] Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). </ref>
# Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. <Ref>S”A C”M 266:1 </ref>
==In an institution==
# It’s appropriate that the administration of a public establishment put up a sign or make an announcement that will let those who go there that if objects are left there until a certain date the establishment will do as they see fit with the objects. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28) </ref>

==If it’s not befitting to return a lost object==
# For a respected or elderly individual, if it’s not befitting to pick up and return a lost object then one is exempt from the mitzvah and doesn’t have to pick up the object. <ref>S”A C”M 263:1 </ref>
## If the individual would not have picked his own item in such a situation, then one is exempt. <ref>S”A C”M 263:1 </ref>
## However, had one picked up one’s own item because it’s not worth the trouble (and not because it’s beneath one’s dignity), one is still obligated in the mitzvah. <ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 158), S”A HaRav (Hilchot Metsiah #37) </ref>
# In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. <ref>S”A C”M 263:2 </ref>
# Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref>
# A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref>

==Sources==
<References/>

Returning Lost Objects

2013-11-18T16:05:22Z

Noamstein:

The Torah commands us to return the lost objects and prevent a lost of our fellow Jew. <ref> Sefer Hachinuch Mitzva 538, Rambam Sefer Hamitzvot Mitzvot Aseh Mitzva 204, Sefer Mitzvot Hakatzar of the Chofetz Chaim of mitzvot that can be fulfilled today mitzva 69 in positive mitzvot. see the second perek of Masechet Bava Metzia and Rambam Hilchot Gezela chapters 11 and onward. </ref> In general, if there’s an identifying mark of the lost object then there’s an obligation to return the object of our fellow Jew by safeguarding it, publicizing the loss of the object, and making sure that the rightful owner receives his object. Being that many of the these cases involve intricate details that aren’t addressed below, in a real case, one should consult a competent rabbinic authority for guidance.

==Torah Obligation==
# When a person finds a lost object and doesn't pick it up in order to return it, one violates the negative commandment not to overlook the object, and some say that one also loses the positive commandment to pick up and return the object. If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it. <Ref> The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Titalem. However, the Sma 259:1 holds that there’s only a violation of Lo Titalem for overlooking a lost object. S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol. </ref>
# The Mitzvah to return someone’s object includes a command to prevent someone’s loss. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 142) based on S”A 259:9</ref>
# There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref> S"A 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. S"A C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref>
==Where was it found?==
# If the object if found in a place where it is irretrievable, such as if someone fell into the ocean, it’s assumed that the owner forfeited ownership and it is permissible to take and keep it. <ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154-5) </ref>
# If the object was found in a safe protected place, it can be assumed that the item was placed there by its owner and so the object is not considered lost. If one by accident picked it up, one should return it right away, but if one has left the area one may not return it but rather one must return the object. For example, if one found a key under a mat or a book on top of a public telephone booth, one shouldn’t pick up the object. <Ref>Rama and S”A C”M 260:9-10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 145-6) </ref>
# If an item is found in a unsafe place, the item is considered a lost object. For example, a book on a public bus station bench. <Ref> Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 146-7) </ref>
# If an item is found in a semi-safe place, if the item has a siman then the item is considered a lost object. An example is a sweater draped over a park railing in a remote area of the park. <Ref> Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 147-8) </ref>
==Worth a Prutah==
# There isn't a mitzvah to return an object worth less than a Perutah. For the purpose of this halacha, in America, one can consider the perutah to be a quarter (the lowest denomination coin that’s useable in buying something). <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 150) </ref>
==Forfeiture==
# If the owner says explicitly that he doesn’t expect to find it, that’s considered a forfeiture of the object and it’s permissible to take and keep. <Ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 152) </ref> Similarly if it’s evident that the object has been lost for a long time (which depends on the time, place, and object) such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. <Ref>S”A C”M 260:1, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) </ref>

==Siman==
# If an object has no identifying feature then it is assumed that the owner has forfeited ownership and one may take and keep the object. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154) </ref>
# The siman must be a unique feature and not a generic characteristic. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160 note 79) </ref>
## For example, a normal color, brand name, and stamp on the item of the company are not unique features. However, a crack on the side or if a part of the object broke off are unique features. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160-1) </ref>
# The amount, weight, or length is considered a Siman only if that’s unique and not if that item is normally sold or found in that standard amount, weight, or length. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref>
## For example, “there were 6 keys on the key chain” or “there were 15 bills in the envelope” are considered unique features. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref>
# A unique wrapper, envelope, or basket is considered a siman. <Ref>S”A C”M 262:19-20 </ref>
## An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 162) </ref>
# An item that’s attached to the item can function as a siman such a tag. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) based on S”A C”M 262:18 </ref>
# The location where the item was placed is a siman. <Ref>S”A 262:3, 9 </ref> The claimant must identify the specific location within the property and not just the general area or property where it was left. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) </ref>
==Items without Simanim==
# Even if one finds an item without any Simanim one may only keep it if one is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. <Ref>S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. This is based on the opinion of Abaye in Bava Metsia 22b who holds Yiush Shelo MeDaat isn’t Yeush. </ref>
# If one finds an object without Simanim in an area which allows things to be considered lost objects, one should take it but may not keep it but rather one should hold onto it until Eliyahu comes and evaluates to whom it belongs. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 167)</ref> Some hold that one is obligated to pick up a lost item in this situation and hold onto it until Eliyahu comes, and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 170) </ref>
# There are certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take:
* if the item is heavy (such as a hammer) <ref>S”A C”M 262:3, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168)</ref>
* if it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) <ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in name of Rav Elyashiv </ref>
* cash is assumed to have been discovered by the owner who then forfeited ownership because people usually check their money frequently. <Ref> S”A 262:2. Most say that this assumption of Chazal is still applicable in our day including Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168) including Mishpat Aveidah (pg 93) and Igrot Moshe Y”D 4:23. </ref>
# In a place where Talmidei Chachamim are present one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 171-2)</ref>

==Lost object of a non-Jew==
# There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg 33) writes that nowadays there’s a prohibition like S”A. </ref> However, all agree that if one returns it with intention to make a [[Kiddish]] Hashem then it’s permissible and praiseworthy to return the object. <ref> S”A C”M 266:1 writes that if one has intent to make a [[Kiddish]] Hashem then it’s totally permissible and praiseworthy to return the lost object. Hashava Aviedah KeHalacha (2:2 pg 33) writes that it’s only permissible and praiseworthy if one is sure that returning it will result in [[Kiddish]] Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). </ref>
# Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. <Ref>S”A C”M 266:1 </ref>
==In an institution==
# It’s appropriate that the administration of a public establishment put up a sign or make an announcement that will let those who go there that if objects are left there until a certain date the establishment will do as they see fit with the objects. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28) </ref>

==If it’s not befitting to return a lost object==
# For a respected or elderly individual, if it’s not befitting to pick up and return a lost object then one is exempt from the mitzvah and doesn’t have to pick up the object. <ref>S”A C”M 263:1 </ref>
## If the individual would not have picked his own item in such a situation, then one is exempt. <ref>S”A C”M 263:1 </ref>
## However, had one picked up one’s own item because it’s not worth the trouble (and not because it’s beneath one’s dignity), one is still obligated in the mitzvah. <ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 158), S”A HaRav (Hilchot Metsiah #37) </ref>
# In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. <ref>S”A C”M 263:2 </ref>
# Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref>
# A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref>

==Sources==
<References/>

Returning Lost Objects

2013-11-18T14:22:28Z

Noamstein:

The Torah commands us to return the lost objects and prevent a lost of our fellow Jew. <ref> Sefer Hachinuch Mitzva 538, Rambam Sefer Hamitzvot Mitzvot Aseh Mitzva 204, Sefer Mitzvot Hakatzar of the Chofetz Chaim of mitzvot that can be fulfilled today mitzva 69 in positive mitzvot. see the second perek of Masechet Bava Metzia and Rambam Hilchot Gezela chapters 11 and onward. </ref> In general, if there’s an identifying mark of the lost object then there’s an obligation to return the object of our fellow Jew by safeguarding it, publicizing the loss of the object, and making sure that the rightful owner receives his object. Being that many of the these cases involve intricate details that aren’t addressed below, in a real case, one should consult a competent rabbinic authority for guidance.

==Torah Obligation==
# When a person encounters a lost object and doesn’t pick it up in order to return it, one violates the negative command not to overlook the object, and some say that one also looses the positive command to pick up and return the object. If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it. <Ref> The Taz 259:1 holds that if one doesn’t pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Titalem. However, the Sma 259:1 holds that there’s only a violation of Lo Titalem for overlooking a lost object. S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol. </ref>
# The Mitzvah to return someone’s object includes a command to prevent someone’s loss. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 142) based on S”A 259:9</ref>
# There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref> S"A 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. S"A C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref>
==Where was it found?==
# If the object if found in a place where it’s irretrievable, such as if something feel into he ocean, it’s assumed that the owner forfeited ownership and it’s permissible to take and keep it. <ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154-5) </ref>
# If the object was found in a safe protected place, it can be assumed that the item was placed there by its owner and so the object is not considered lost. If one by accident picked it up, one should return it right away, but if one has left the area one may not return it but rather one must return the object. For example, if one found a key under a mat or a book on top of a public telephone booth, one shouldn’t pick up the object. <Ref>Rama and S”A C”M 260:9-10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 145-6) </ref>
# If an item is found in a unsafe place, the item is considered a lost object. An example is a book on a public bus station bench. <Ref> Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 146-7) </ref>
# If an item is found in a semi-safe place, if the item has a siman then the item is considered a lost object. An example is a sweater draped over a park railing in a remote area of the park. <Ref> Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 147-8) </ref>
==Worth a Prutah==
# There’s no mitzvah to return an object worth less than a Perutah and for the purpose of this halacha in America, one can consider the perutah to be a quarter (the lowest denomination coin that’s useable in buying something). <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 150) </ref>
==Forfeiture==
# If the owner says explicitly that he doesn’t expect to find it, that’s considered a forfeiture of the object and it’s permissible to take and keep. <Ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 152) </ref> Similarly if it’s evident that the object has been lost for a long time (which depends on the time, place, and object) such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. <Ref>S”A C”M 260:1, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) </ref>

==Siman==
# If an object has no identifying feature then it’s assumed that the owner has forfeited ownership and one may take and keep the object. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154) </ref>
# The siman must be a unique feature and not a generic characteristic. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160 note 79) </ref>
## For example, a normal color, brand name, and stamp on the item of the company are not unique features. However, a crack on the side or if a part of the object broke off are unique features. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160-1) </ref>
# The amount, the weight, or length is considered a Siman only if that’s unique and not if that item is normally sold or found in that standard amount, weight, or length. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref>
## For example, “there were 6 keys on the key chain” or “there were 14 bills in the envelope” are considered unique features. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref>
# A unique wrapper, envelope, or basket is considered a siman. <Ref>S”A C”M 262:19-20 </ref>
## An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 162) </ref>
# An item that’s attached to the item can function as a siman such a tag. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) based on S”A C”M 262:18 </ref>
# The location where the item was placed is a siman. <Ref>S”A 262:3, 9 </ref> The claimant must identify the specific location within the property and not just the general area or property where it was left. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) </ref>
==Items without Simanim==
# Even if one finds an item without any Simanim one may only keep it if one is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. <Ref>S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. This is based on the opinion of Abaye in Bava Metsia 22b who holds Yiush Shelo MeDaat isn’t Yeush. </ref>
# If one finds an object without Simanim in an area which allows things to be considered lost objects, one should take it but may not keep it but rather one should hold onto it until Eliyahu comes and evaluates to whom it belongs. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 167)</ref> Some hold that one is obligated to pick up a lost item in this situation and hold onto it until Eliyahu comes, and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 170) </ref>
# There are certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take:
* if the item is heavy (such as a hammer) <ref>S”A C”M 262:3, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168)</ref>
* if it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) <ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in name of Rav Elyashiv </ref>
* cash is assumed to have been discovered by the owner who then forfeited ownership because people usually check their money frequently. <Ref> S”A 262:2. Most say that this assumption of Chazal is still applicable in our day including Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168) including Mishpat Aveidah (pg 93) and Igrot Moshe Y”D 4:23. </ref>
# In a place where Talmidei Chachamim are present one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 171-2)</ref>

==Lost object of a non-Jew==
# There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg 33) writes that nowadays there’s a prohibition like S”A. </ref> However, all agree that if one returns it with intention to make a [[Kiddish]] Hashem then it’s permissible and praiseworthy to return the object. <ref> S”A C”M 266:1 writes that if one has intent to make a [[Kiddish]] Hashem then it’s totally permissible and praiseworthy to return the lost object. Hashava Aviedah KeHalacha (2:2 pg 33) writes that it’s only permissible and praiseworthy if one is sure that returning it will result in [[Kiddish]] Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). </ref>
# Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. <Ref>S”A C”M 266:1 </ref>
==In an institution==
# It’s appropriate that the administration of a public establishment put up a sign or make an announcement that will let those who go there that if objects are left there until a certain date the establishment will do as they see fit with the objects. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28) </ref>

==If it’s not befitting to return a lost object==
# For a respected or elderly individual if it’s not befitting to pick up and return a lost object then one is exempt from the mitzvah and doesn’t have to pick up the object. <ref>S”A C”M 263:1 </ref>
## If the individual would not have picked his own item in such a situation, then one is exempt. <ref>S”A C”M 263:1 </ref>
## However, had one picked up one’s own item because it’s not worth the trouble (and not because it’s beneath one’s dignity), one is still obligated in the mitzvah. <ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 158), S”A HaRav (Hilchot Metsiah #37) </ref>
# In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. <ref>S”A C”M 263:2 </ref>
# Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref>
# A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref>

==Sources==
<References/>

Abortion

2013-03-15T13:47:32Z

Noamstein:

In the torah it seems clear that there is some kind of prohibition on abortion,<ref> Tosafot Sanhedrin 59a “Leka Midam” Since there is no prohibition a non jew has that a jew does not, we can derive it is forbidden for Jews as well.</ref> but it is unclear as to what the prohibition it is.<ref> There seems to be a contradiction in two sources from the torah. In Bereshit Chapter 9, it says that abortion is prohibited for non jews, and one will receive the death penalty for killing a “man within a man.” Sanhedrin 57b. In Shemot Chapter 21, however, it says, if a Jew kills a fetus he is just liable a monetary punishment. Therefore, although there certainly is a prohibition, opinions vary widely as to what the prohibition is, see section “What is the Prohibition?” below. </ref> Due to the dispute about why abortion is prohibited, there is also a debate about in which cases abortion is prohibited and in which it is permitted. Despite the fact that abortion is prohibited, in Halacha, as opposed to in Catholic and other Christian doctrines, all Poskim agree that abortion is permitted at least in one case. Please note, that while this article describes different opinions on when abortion is forbidden and when it is permitted, a layman should not make any decisions on his own in this serious matter, rather he should consult a Rav of eminent stature who is knowledge in this matter.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/735906/Rabbi_Chaim_Jachter/Embryonic_Stem_Cell_Research# Rabbi Chaim Jachter] quotes from Rabbi Aharon Lichtenstein that just like an ordinary physician wouldn't perform a complicated surgery such as a liver transplant, so too an ordinary Rabbi should not render an opinion on abortion, rather a Rabbi of eminent stature should render a decision.</ref>
== What is the Prohibition? ==
# According to Rabbi Moshe Feinstein, abortion is considered murder. However, this murder does not come with a death penalty. There are some cases of murder when the murderer does not get the death penalty. One of these cases is someone who murders one who is terminally ill. <ref> Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69</ref>
# According to Rabbi Issar Unterman, abortion is considered אבזרייהו דרציחה akin to murder.<ref> I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law</ref>
# One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref>
# Spilling the seed/Onanism. The fetus is more similar to the basic seed than to a human, so destroying the fetus would be like destroying the seed.<ref>Talmud Bavli: Niddah 13a; Chavos Yair, Siman 31</ref>
# Aborting the fetus is injuring the mother (Chavalah). Exodus 21 says that if two men are fighting and hit a pregnant woman and there is no death, but the fetus is miscarried, then they have to pay a monetary payment. So the fetus is more a part of the mother than a separate life. <ref>Exodus 21:22</ref>
# It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref>
# According to the Zohar, one who kills a fetus is guilty of destroying God’s handiwork. <ref>Hok L’Yisrael, Shemot for Monday, Zohar, Shemot 3b</ref> it is unclear if this constitutes a different view of the technical prohibition, or if this is just a reasoning explaining the severity of abortion. A punishment unlike that for murder is detailed.
== Practical Abortion Cases ==
# If the mother’s life is being directly threatened by the fetus, in the sense that if she does not abort, she will die, then it is permissible to abort the child. This is because we prioritize the life that is already living, rather than the one that has not been born yet. <ref>Mishna Ohelet Perek 7 Mishana 7</ref>
# When there is a special case where you are required to kill a fetus or be killed, there is a debate as to what we are allowed to do. In judaism there are three cases that we must die before doing including you must take your life before killing another human. In a case where you are being forced to kill a semi-human, is it allowed? There was a case during World War I in which a doctor was told to abort a baby carried by a mother that had been raped by a German officer. The German told the doctor to abort or be killed. In this kind of case there are two opinions. Rabbi Unterman states that since the prohibition is not murder, but akin to murder, you are allowed to kill the fetus. <ref>I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law. </ref> Rabbi Moshe Feinstein disagrees and says that abortion is murder, but it is still unclear if you have to die rather than abort. <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref>
# According to many poskim, you are allowed to abort before 40 days of gestation, because no organs or limbs have formed yet and the fetus is not considered alive. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref>
#When a fetus is tested and it is determined that it has a disability or deformity, many poskim <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref> state that there is no allowance for abortion. Rabbi Waldenberg disagrees and rules that when the resulting child’s deformity will cause stress that the parents will not be able to handle, it is permitted to abort. Rabbi waldenberg says “ there is no greater pain than to have a child that will die and there is nothing you can do to fix it.” For most types of deformities, Rabbi Waldenberg permits abortion only until 3 months. If the child has Tay Sachs he allows abortions even up until 7 months.<ref> Ẓiẓ Eliezer, 13:102; 14:101</ref>
# An issue can also arise when the fetus in question would be born a Mamzer, a child from an illegitimate sexual relationship. Because of the adulterous affair the woman is deserving of the death penalty. Since the fetus is a part of the mother, and not it’s own entity, it too is technically liable for the death penalty and one can therefore, according to Rav Yaakov Emden, abort it. <ref> Sheelas Yaavetz Teshuvah 43, Rav Emden</ref>
# A question arises if the mother will experience severe mental distress if the baby is born. Rabbi Waldenberg holds that abortion is not murder at all, and that mental distress can be equated with physical pain. Therefore, abortion would be allowed if one’s rabbi determines that the mental stress is the same as the physical would be. <ref> Ẓiẓ Eliezer, 13:102; 14:101</ref> Rabbi Unterman takes a similar approach to the issue. Rabbi Unterman does believe that abortion is considered akin to murder, and therefore cannot be allowed in cases of mental anguish. However, if the psychological distress that the mother would feel would cause suicidal tendencies, Rabbi Unterman would permit abortion. <ref> “The Law of Pikkuah Nefesh and Its definition” in HaTorah V’HaM’dinah, IV (1952) 22 - 29 as cited in David Feldman, Birth Control In Jewish Law. Rabbi Unterman is basing his ruling on a ruling by a case where a where a rabbi was asked if a man could have non kosher soup to prevent him from going insane. Rabbi Israel Meir Mizrachi ruled that serious danger to one’s mental health is the same as a risk to one’s physical health. Resp. Pri HaAretz, Vol III (Jerusalem, 1899), Y.D., No. 2. This ruling was also applied to a specific situation that dealt with birth control, a situation more similar to abortion than non kosher soup. Resp. Binyan David, No. 68; Minhat Yitzchak, Vol. I, No. 115; and Igg’rot Mosheh, E.H., No. 65, would allow the contraceptive mokh when pregnancy would create a serious mental-health risk as cited in David Feldman, Birth Control In Jewish Law</ref>
==Sources==
<references/>

Abortion

2013-03-13T15:23:40Z

Noamstein:

Seudat Purim

2013-02-25T21:31:20Z

Noamstein: Added Rishonim (Rif, Rosh, Tur) who say mitzvah to get drunk. reverted "some rishonim" to "most rishonim."

[[Image:Seudat_Purim.png|right|200px]]
One should increase in festivities on Purim, and there is mitzvah to eat one meal on the day of Purim. <Ref>Rama and S”A 695:1 </ref>
==Practices of Seudat Purim==
# One should have intent that one is eating the meal in order to fulfill the mitzvah of Seudat Purim.<ref> S"A 60:4 rules like the Rishonim who say that Mitzvot need kavana. Mishna Brurah 60:9 quotes the Gra who says that mitzvot derabbanan also need kavana, while the Magen Avraham disagrees. It’s clear from S”A 696:7 that eating Seudat Purim is MeDivrei Kabbalah (which in some respects is similar to a Deoritta). Therefore, Pri Megadim (M”Z 695:1) writes that one should have intent that one is eating the meal to fulfill the mitzvah of Seudat Purim. Mishna Brurah 695:4 quotes this as halacha. </ref>
# The meal should be eaten with friends and family. <Ref> Eliyah Rabba 695:4 writes that the meal should be eaten with family and friends in order to have Simcha. Mishna Brurah 695:9 quotes this and adds that it should be a Simcha of Torah. See Gemara Shabbat 88a which says that Purim was a Kabbalah MeAhava of the Torah. </ref>
==When should one eat Seudat Purim?==
# Many Ashkenazim have the minhag to eat the meal after mincha, while many Sephardim have the minhag to eat the meal in the morning.<ref>
* Rama 695:2 writes that the minhag is to eat the meal after mincha, but one should ensure that majority of the meal is eaten during the day. Rabbi Willig (“Practical Laws of Observance of Purim”, min 41-2) explained that the Rama means that the primary parts of the meal such as the bread, meat, and wine should be consumed during the day. Shalmei Todah (pg 317) also explains the Rama this way.
* However, the Maaseh Rav of the Gra (#248) recommends eating it in the morning. Kaf HaChaim 695:23 quotes kabbalistic reasons for eating Seudat Purim in the morning. </ref>Some have a minhag to eat a small meal the night of Purim. <Ref> S”A 695:2 writes that one doesn’t fulfill one’s obligation by eating a nighttime meal. The Rama adds that at night one should have a small meal. Pri Megadim E”A 695:6 presents different minhagim about having meat at the nighttime meal. </ref>
# The mitzvah of Seudat Purim is during the day and not the night, yet one should have simcha and a small meal at night (and make the meal of the day greater). <Ref>S”A and Rama 695:1, Mishna Brurah 695:3 </ref> If Purim falls out on Motzei [[Shabbat]] and Sunday, having Seudat Shelishit isn’t considered as having a small meal during the night of Purim. Rather, one should have a special meal for the sake of Purim. <Ref>Mishna Brurah 695:3 </ref>
# If one began the meal on Purim and ate past nightfall, one should still mention Al HaNissim in [[Birkat HaMazon]] <Ref>S”A and Rama 695:3 </ref> unless one already said Maariv, in which case one shouldn’t say Al HaNissim. Some say that one can say it even after davening Maariv. <ref>Mishna Brurah 695:16 </ref>
==What should one eat at Seudat Purim?==
# Many poskim hold that one should eat bread and meat in the meal.<ref>
* Rambam Megillah 2:15 writes that the meal should consist of meat and wine. The Magen Avraham 696:15 questions the need for meat. Nonetheless, many poskim including Kaf HaChaim 695:6, Chazon Ovadyah pg 173, and Nitai Gavriel 71:3 agree that one should have meat. Shaar HaTzion 695:12 implies it’s an obligation. Kovetz MeBet Levi (5758, vol 13, pg 32) writes that having meat is not MeAkev.
* The Birkei Yosef 695:1-3 and Magen Avraham 695:9 write that there’s no obligation to eat bread. However, Aruch HaShulchan 695:7, 12 argues that mishteh is defined by bread. Chayei Adam 155:30 says the same. Nitai Gavriel 71:1 and Yalkut Yosef 695:4 write that one should be strict to have bread. Mishna Brurah makes no mention of it except in Shaar HaTzion 695:4 where he leaves it as a dispute. </ref>
==If one forgot Al HaNissim==
# If one forgot Al HaNissim in Benching, one doesn’t repeat benching. However, if one remembers that he forgot Al HaNissim while still benching one should add it in the Harachaman’s by saying Harachaman Hu Yaaseh Lanu Nissim and continue with Al HaNissim. <Ref>Mishna Brurah 695:15 </ref>
==Drinking on Purim==
# The mitzvah to drink only applies to wine. Although most Rishonim seem to require one to reach a level of drunkenness <Ref> Gemara Megillah 7b. Rambam (Laws of Megillah 2:15), Rif Megillah 3a in Dapei HaRif, Rosh Megillah Perek 1 Siman 8, Tur Orach Chayim 695:1 seem to require one to reach a level of drunkenness.</ref>, most later authorities, Ashkenazic and Sephardic, hold that one should only drink a little more than what one is accustomed to drink and then sleep (see note for procedure). <Ref> Bet Yosef 695:1 quotes the Orchot Chaim who writes that it’s forbidden to get drunk; rather the mitzvah is to drink a little more than one is accustomed to drink. Darkei Moshe HaAruch 695:2 quotes the Mahariv as saying that one should drink, and then sleep so that one doesn’t know the difference between Arur Haman and Baruch Mordechai. Rama 695:2 combines the Orchot Chaim and Mahariv saying that one should drink more than one is accustomed to drink and then sleep.
* Mishna Brurah 695:5 explicitly rules that this is the accepted halacha. This was also the minhag of Rav Shlomo Zalman (Halichot Shlomo pg 343 note 78). Rav Schachter (“Inyanei Purim”, min 91-3) explained that one should drink a little more than one is accustomed to, and then fall asleep after the meal. Rabbi Willig (min 42-6), however, explained that according to the Rama one should drink a little, sleep, and then have the Seudah, and drink a little in the meal. Yalkut Yosef 695:14 rules like the Orchot Chaim and makes no mention of sleeping. Rav Mordechai Eliyahu in MaAmer Mordechai 64:36 who seems to agree.
* Rashi Megillah 7b D”H LeIvsumei and Rambam 2:15 specify wine and not other intoxicating drinks. Kaf HaChaim 695:6 and Nitai Gavriel 73:2 codify this as halacha. Rabbi Willig (min 44-5) rules that it’s prohibited to have intoxicating drinks other than wine on Purim or any day of the year. However, Shalmei Todah (pg 326) quotes Rav Nissim Karlitz saying that it’s not MeAkev to have wine specifically. Rav Shlomo Zalman (Halichot Shlomo pg 342, note 76) writes that grape juice does not suffice. </ref> All agree that if one going to end up violating or degrading any halacha such as Birkat HaMazon, one should not get drunk. <Ref> The Chaye Adam 155:30 writes that if one knows that getting drunk will cause one to degrade fulfilling a mitzvah such as making Brachot, Birkat HaMazon, or Maariv, one shouldn’t get drunk. This is quoted by the Biur Halacha D”H Ad and Kaf HaChaim 695:17. This is supported by the Mieri (Megillah 7b) who writes that we’re not commanded to have happiness of vanity and frivolity, rather one should have happiness that leads to Ahavat Hashem and a desire to thank Him for the miracles he did for us. </ref>
# If one’s parent tells one not to drink on purim one should listen to them and only drink a little more than usual. <Ref> Halichot Shlomo 19:25 </ref>
# Women are not required to drink as much. One cup or less is sufficient. <ref> Sh"t Rivevot Ephraim 1:458, Moadim Uzmanim 2:190 </ref>
==References==
<references/>

Seudat Purim

2013-02-25T21:14:57Z

Noamstein: changed amud 7a to 7b

[[Image:Seudat_Purim.png|right|200px]]
One should increase in festivities on Purim, and there is mitzvah to eat one meal on the day of Purim. <Ref>Rama and S”A 695:1 </ref>
==Practices of Seudat Purim==
# One should have intent that one is eating the meal in order to fulfill the mitzvah of Seudat Purim.<ref> S"A 60:4 rules like the Rishonim who say that Mitzvot need kavana. Mishna Brurah 60:9 quotes the Gra who says that mitzvot derabbanan also need kavana, while the Magen Avraham disagrees. It’s clear from S”A 696:7 that eating Seudat Purim is MeDivrei Kabbalah (which in some respects is similar to a Deoritta). Therefore, Pri Megadim (M”Z 695:1) writes that one should have intent that one is eating the meal to fulfill the mitzvah of Seudat Purim. Mishna Brurah 695:4 quotes this as halacha. </ref>
# The meal should be eaten with friends and family. <Ref> Eliyah Rabba 695:4 writes that the meal should be eaten with family and friends in order to have Simcha. Mishna Brurah 695:9 quotes this and adds that it should be a Simcha of Torah. See Gemara Shabbat 88a which says that Purim was a Kabbalah MeAhava of the Torah. </ref>
==When should one eat Seudat Purim?==
# Many Ashkenazim have the minhag to eat the meal after mincha, while many Sephardim have the minhag to eat the meal in the morning.<ref>
* Rama 695:2 writes that the minhag is to eat the meal after mincha, but one should ensure that majority of the meal is eaten during the day. Rabbi Willig (“Practical Laws of Observance of Purim”, min 41-2) explained that the Rama means that the primary parts of the meal such as the bread, meat, and wine should be consumed during the day. Shalmei Todah (pg 317) also explains the Rama this way.
* However, the Maaseh Rav of the Gra (#248) recommends eating it in the morning. Kaf HaChaim 695:23 quotes kabbalistic reasons for eating Seudat Purim in the morning. </ref>Some have a minhag to eat a small meal the night of Purim. <Ref> S”A 695:2 writes that one doesn’t fulfill one’s obligation by eating a nighttime meal. The Rama adds that at night one should have a small meal. Pri Megadim E”A 695:6 presents different minhagim about having meat at the nighttime meal. </ref>
# The mitzvah of Seudat Purim is during the day and not the night, yet one should have simcha and a small meal at night (and make the meal of the day greater). <Ref>S”A and Rama 695:1, Mishna Brurah 695:3 </ref> If Purim falls out on Motzei [[Shabbat]] and Sunday, having Seudat Shelishit isn’t considered as having a small meal during the night of Purim. Rather, one should have a special meal for the sake of Purim. <Ref>Mishna Brurah 695:3 </ref>
# If one began the meal on Purim and ate past nightfall, one should still mention Al HaNissim in [[Birkat HaMazon]] <Ref>S”A and Rama 695:3 </ref> unless one already said Maariv, in which case one shouldn’t say Al HaNissim. Some say that one can say it even after davening Maariv. <ref>Mishna Brurah 695:16 </ref>
==What should one eat at Seudat Purim?==
# Many poskim hold that one should eat bread and meat in the meal.<ref>
* Rambam Megillah 2:15 writes that the meal should consist of meat and wine. The Magen Avraham 696:15 questions the need for meat. Nonetheless, many poskim including Kaf HaChaim 695:6, Chazon Ovadyah pg 173, and Nitai Gavriel 71:3 agree that one should have meat. Shaar HaTzion 695:12 implies it’s an obligation. Kovetz MeBet Levi (5758, vol 13, pg 32) writes that having meat is not MeAkev.
* The Birkei Yosef 695:1-3 and Magen Avraham 695:9 write that there’s no obligation to eat bread. However, Aruch HaShulchan 695:7, 12 argues that mishteh is defined by bread. Chayei Adam 155:30 says the same. Nitai Gavriel 71:1 and Yalkut Yosef 695:4 write that one should be strict to have bread. Mishna Brurah makes no mention of it except in Shaar HaTzion 695:4 where he leaves it as a dispute. </ref>
==If one forgot Al HaNissim==
# If one forgot Al HaNissim in Benching, one doesn’t repeat benching. However, if one remembers that he forgot Al HaNissim while still benching one should add it in the Harachaman’s by saying Harachaman Hu Yaaseh Lanu Nissim and continue with Al HaNissim. <Ref>Mishna Brurah 695:15 </ref>
==Drinking on Purim==
# The mitzvah to drink only applies to wine. Although some Rishonim seem to require one to reach a level of drunkenness <Ref> The Gemara Megillah 7b and Rambam (Laws of Megillah 2:15) seem to require one to reach a level of drunkenness. Note: If one would like to add the opinion of other rishonim, please quote the precise sources, so that they could be checked up.</ref>, most later authorities, Ashkenazic and Sephardic, hold that one should only drink a little more than what one is accustomed to drink and then sleep (see note for procedure). <Ref> Bet Yosef 695:1 quotes the Orchot Chaim who writes that it’s forbidden to get drunk; rather the mitzvah is to drink a little more than one is accustomed to drink. Darkei Moshe HaAruch 695:2 quotes the Mahariv as saying that one should drink, and then sleep so that one doesn’t know the difference between Arur Haman and Baruch Mordechai. Rama 695:2 combines the Orchot Chaim and Mahariv saying that one should drink more than one is accustomed to drink and then sleep.
* Mishna Brurah 695:5 explicitly rules that this is the accepted halacha. This was also the minhag of Rav Shlomo Zalman (Halichot Shlomo pg 343 note 78). Rav Schachter (“Inyanei Purim”, min 91-3) explained that one should drink a little more than one is accustomed to, and then fall asleep after the meal. Rabbi Willig (min 42-6), however, explained that according to the Rama one should drink a little, sleep, and then have the Seudah, and drink a little in the meal. Yalkut Yosef 695:14 rules like the Orchot Chaim and makes no mention of sleeping. Rav Mordechai Eliyahu in MaAmer Mordechai 64:36 who seems to agree.
* Rashi Megillah 7b D”H LeIvsumei and Rambam 2:15 specify wine and not other intoxicating drinks. Kaf HaChaim 695:6 and Nitai Gavriel 73:2 codify this as halacha. Rabbi Willig (min 44-5) rules that it’s prohibited to have intoxicating drinks other than wine on Purim or any day of the year. However, Shalmei Todah (pg 326) quotes Rav Nissim Karlitz saying that it’s not MeAkev to have wine specifically. Rav Shlomo Zalman (Halichot Shlomo pg 342, note 76) writes that grape juice does not suffice. </ref> All agree that if one going to end up violating or degrading any halacha such as Birkat HaMazon, one should not get drunk. <Ref> The Chaye Adam 155:30 writes that if one knows that getting drunk will cause one to degrade fulfilling a mitzvah such as making Brachot, Birkat HaMazon, or Maariv, one shouldn’t get drunk. This is quoted by the Biur Halacha D”H Ad and Kaf HaChaim 695:17. This is supported by the Mieri (Megillah 7b) who writes that we’re not commanded to have happiness of vanity and frivolity, rather one should have happiness that leads to Ahavat Hashem and a desire to thank Him for the miracles he did for us. </ref>
# If one’s parent tells one not to drink on purim one should listen to them and only drink a little more than usual. <Ref> Halichot Shlomo 19:25 </ref>
# Women are not required to drink as much. One cup or less is sufficient. <ref> Sh"t Rivevot Ephraim 1:458, Moadim Uzmanim 2:190 </ref>
==References==
<references/>

Mitzvot Aseh SheHazman Grama

2013-02-17T21:58:06Z

Noamstein: Fixed references in footnote 2. 31b changed to 31a, also added eruvin 96a which is a longer discussion in Tosafot of same issue.

==Basics==
# Women are exempt from all time bound positive commandments (Mitzot Aseh Shehazman Grama) with a few exceptions as will be listed. <ref>
The gemara Kiddushin 29b learns from the pasuk that says "ולמדתם אותם את בניכם" (Devarim 11:19) that the obligation of Talmud Torah applies to men and not women. Next the gemara Kiddushin 34a derives this halacha from the juxtaposition in the pesukim (Devarim 6:7-8 and 11:18-9) between [[Tefillin]] and Talmud Torah, just like women are exempt from Talmud Torah so too they are exempt from Tefillin. Then, gemara kiddushin 35a writes that the pasuk in Shemot 13:9 compares [[Tefillin]] to all mitzvot to teach us that just like [[Tefillin]] is a positive time bound mitzvah and women are exempt so too all positive time bound mitzvot women are exempt. See the gemara there for the full discussion. The Mishna Kiddushin 29a rules that women are exempt from positive mitzvot that are time bound. This is codified by the Rambam (Avoda Zara 12:3), Tur and S"A 17:2. </ref>
# If a women wants to do a Mitzvah that she is exempt from she is permitted and encouraged to do so. Ashkenazim hold that women can make a bracha on such mitzvot even though they are exempt, while Sephardim hold that women can't make a bracha since they are exempt. <ref> Rambam Tzitzis 3:10 writes that since women are exempt from the Mitzvah of Tzitzit they can't make a Bracha on it. However, Tosafot Eruvin 96a and Tosafot Kedushin 31a in the name of the Raavad and Rabbenu Tam argue that even if you are exempt from a mitzvah you can make a bracha if one wants to do the mitzvah. </ref>

==Daily Mitzvot==
# Tzitzit is a Mitzvah Aseh SheHaZman Grama and so women are exempt. <Ref>S”A 17:2 </ref> Even though usually women are allowed to fulfill מצות from which they are exempt, by Tzitzit it’s preferable that women do not fulfill this mitzvah. <ref> Mitzvat Nashim (pg 34) quoting Ben Ish Chai (Lech Lecha #13), Sh”t Mishneh Halachot Tanina 1:21, Sh”t Igrot Moshe O”C 4:49 and others </ref>
# [[Tefillin]] is a Mitzvah Aseh SheHaZman Grama and so women are exempt. Even though usually women are allowed to fulfill מצות from which they are exempt, by [[Tefillin]] it’s preferable that women do not fulfill this mitzvah. <ref> S”A and Rama 38:3, Mitzvat Nashim (pg 35) </ref>
# Tefilla is a Mitzvah Aseh SheHaZman Grama but nonetheless women are obligated in praying once a day and it’s praiseworthy to pray three times a day. <Ref>Sh”t Yechava Daat 3:17 </ref> There is a dispute regarding [[Mussaf]]; see further Sh”t Yabea Omer 2:6(7).

==Brachot==
# Regarding the mitzvah of saying one hundred Brachot each day some consider it a Mitzvah Aseh SheZman Grama, while others disagree.
* Rav Elyashiv in Yashiv Moshe (pg 19) and Birkat Eitan (pg 61), **Rav Shechter in “Women at Prayer” at yu.edu, Rav Ovadyah in Halichot Olam (vol 1 pg 59) and Yalkut Yosef (Otzer Dinim LeIsha pg 75), and Hilchot Bat Yisrael (end of chapter 14) write that a women is obligated since it’s a obligation that applies the whole day and is renewed every day similar to the Shagat Aryeh regarding Zecher Yetziat Mitzrayim in Shema. However, Halichot Bayita 13:1 in name of Rav Shlomo Zalman, Sh”t Teshuvot VeHanhagot 2:129, Sh”t Shevet HaKehati 3:63, Birkat Eitan (pg 62), Vezot HaBracha (pg 185, chapter 20), Sh”t Atret Paz 1:1, Shevet HaLevi 5:23, and Sh”t Rivevot Efraim 3:47, 5:114 write that a women is exempt and some base it on the Magan Avraham regarding Zecher Yetziat Mitzrayim in Shema who disagrees with the Shagat Aryeh.
# [[Birkat HaMazon]] isn't considered Zman Grama and women are obligated. <ref>S"A 186:1</ref>

==Shabbat==
# Women are obligated in Kiddush on [[Shabbat]]. Even though Kiddish is a time bound positive mitzvah women are obligated because there is a comparison between Shamor and Zachar and since women are obligated to keep the negitive commandments of [[Shabbat]] so too they're obligated in the positive mitzvot of [[Shabbat]]. <ref>Gemara Brachot 20b, Rambam Avoda Zara 12:3, S"A 271:2 </ref>
# Some say that there’s an obligation of women to hear Kriyat HaTorah but the minhag is to lenient in this regard. <Ref>Mishna Brurah 282:12, see Rivevot Efraim 6:153(21) </ref>
# Women are obligated in Melaveh Malka. <Ref>Piskei Teshuvot 300:1, Rivevot Efriam 2:89 </ref>

==Holidays==
# Women are obligated to eat Matza on the first night of Pesach. Even though this is a time bound positive mitzvah, Chazal write that just like women are obligated to avoid Chametz on Pesach so too they're obligated in the mitzvah of eating matzah (as the pasuk juxtaposes eating matza and avoiding chametz). Similarly, they are obligated in all the mitzvot of the night such as the 4 cups of wine, Matzah, Maror, and saying the Haggadah. <Ref>Pesachim 43b, Rambam (Chametz UMatzah 6:10), S"A 472:14, Mishna Brurah 472:45 </ref>
# Women are exempt from the mitzvah of sitting in the sukkah. <ref>Mishna Sukkah 28, S"A 640:1 </ref> See [[Sitting in the Sukkah]].
# Women are obligated in Chanuka candles since they too were part of the miracle of Chanuka. Thus a man who is away traveling he should have his wife light at home for him to fulfill his obligation. Even if he will come that night later than [[Tzet HaKochavim]] (the night to light Chanuka candles), he should still have his wife light. Ashkenazim who have the Minhag that everyone in the household lights and they are able to light where they are should light without a bracha. <ref> S”A 565:5 says that women are obligated in Chanuka candles based on [[Shabbat]] 23a, Rambam (Chanuka 4:9), and Tur 565. Piskei Maharam Riketani (154) holds women can fulfill a man’s obligation on his behalf. So holds Rabbenu Yerucham 9:1, Rokeach Chanuka 226:3, Ritva and Meiri ([[Shabbat]] 23a, Megilah 4a), Maharil (Chanuka pg 407). Levush (675), Bach (675), Taz(675:4), Magan Avraham 675:4, Olot [[Shabbat]] 675:1, Pri Chadash 675:4, Eliyah Raba 675:6, Sh”t Shar Efraim 42, Shulchan Gavoha 675:6, Mor Ukesia 675:6, machzik Bracha 675:4, Mishna Brurah 675:9. Sh”t Yechava Daat 3:51 writes that since some rishonim and achronim hold one can only light at [[Tzet HaKochavim]] one should let his wife light at the right time and fulfill his obligation according to all opinions. The Yechava Daat holds like the Chaye Adam 154:33. Kaf Hachiam 676:25. Chaye Adam adds that Ashkenazim can light without a bracha. Interesting point: S”A 689:2 says a women can read the megillah to fulfill for a man his obligation of megillah, and some hold otherwise. [Bahag (quoted by Tosfot Megilah 4a, Erchin 3a) and Morchedai 4a in name of Ravyah (Megilah 569,843) hold women can’t fulfill the obligation of a man, but Rashi Erchin 3a, Or Zaruh 2:324, Rambam(Megilah 1), Rif (quoted by Sefer Eshkol 2:30) hold a women can fulfill obligation of a man]. However Smag (brought by Magan Avraham 589:5), Itur (Megilah 113d), Eshkol 2 pg 30 differentiate between Megilah which is like Torah reading but by Chanuka women can fulfill the man’s obligation according to everyone. Also Torat Moadim Chanuka pg 40 says the Behag only held a women can fulfill megilah for a man since a women’s obligation is derebanan and a man’s is from divrei kabalah (Ketuvim). Similarly, Sh”t Maharash Halevi O”C 24 says Chanuka isn’t an obligation on each person but on the household and so a women can fulfill it for a man. Thus even those who say by Megilah a woman can’t fulfill a man’s obligation agree by Chanuka. </ref> See [[Lighting Chanuka Candles]].
# The Shitat HaKadmonim (last page of bava kama) has the Sh”t Maharam Chavallah (a rishon; the Sh”t was written by the Maharam Challavah’s son in name of his father) which writes that his Rabbi, the Ramban, held that women are obligated in Sefirah (See Ramban Kiddushin 34a). The Maharam Challavah explains that since the time doesn’t cause the mitzvah it’s not considered “Zman Grama”. It happens to be time-bound since of another factor which is that the mitzvah of Sefirah depends on the Korban Omer which itself is bound by time. The Sh”t Maharam Challavah compares it to the obligation on women to eat [[Shabbat]] meals which require [[Birkat HaMazon]]. That doesn’t make [[Birkat HaMazon]] a mitzvah Aseh SheZman Grama because the [[Birkat HaMazon]] is obligated as a result of the meal which itself is time bound.

==Af Hen Hayu BeOtto HaNes==
# There's certain which woman shouldn't have been obligated in for one reason or another, but because woman were particularly involved with the story which is being celebrated, woman are obligated.<Ref>See Gemara Megillah 4a, Shabbat 23a, and Pesachim 108a-b</ref> Below are the applications of this principle:
# Women are obligated in listening to the Megillah. <ref>S"A 689:1 </ref>
# Women are obligated to drink the four cups of wine at the Pesach Seder.<ref>S"A 675:3 </ref>
# Women are obligated to light Chanuka candles. <ref>S"A 472:14 </ref>

==Mitzvot that don’t apply nowadays==
# Turei Even (Chagigah 15) writes that Semicha on a Korban isn’t a Mitzvah Aseh SheHaZman Grama since the mitzvah doesn’t have a fixed time. Regarding [[Tefillin]] there’s one day to do it and afterwards the mitzvah is lost and there’s a new Mitzvah to wear Tefillin. However, by Semicha that same Mitzvah could be done any day during the daytime. [See Minchat Elazar 2:47’s second reason regarding the building of the Bet HaMikdash.]
# The Rambam (Bet HaBechirah 1:12) writes that everyone is obligated in building the Bet HaMikdash. The questioner in Sh”t Shoel UMeshiv Tanina 3:89 (beginning paragraph D”H Heneh) inquires as to why women are obligated since it’s a mitzvah that only applies during the day and being a time-bound mitzvah, women should be exempt.
* However, the Sh”t Shoel UMeshiv answers that because men are obligated, women are also obligated. The reason for this is since the whole reason of a women being exempt is that women are subservient to their husbands and don’t have time to fulfill time-bound מצות, however since their husbands are obligated, they too can fulfill this mitzvah properly.
* Alternatively, the Sh”t Minchat Elazar 2:47 writes that since the mitzvah includes donations to the Bet HaMikdash which can be given at night as well, then it’s not considered a time bound mitzvah.
* The Minchat Elazar’s second reason is that since the mitzvah is incomplete and could continued to be fulfilled each day, then, even if the mitzvah doesn’t apply during the night, still it’s considered not time-bound unlike [[Tefillin]] which is time bound and once the day passes there’s a new mitzvah to fulfill. [See Turei Even regarding Semicha.]

==References==
<references/>