Current Topic:
Halachos of Hashovas Aveidah
1) If after picking up a lost object with the intent of keeping it, one has remorse and indeed returns it to its rightful owner, before the owner gave up hope of ever getting it back (halachically referred to as 'Yi'ush'), he has retroactively negated all the negative commandments he has transgressed and fulfilled the positive commandments he has forfeited (as we enumerated yesterday), and in addition has also fulfilled the positive commandment (Vayikra 5:23) of "V'Heishiv Es HaGezeilah, and you shall return the stolen item" (See Sm"a Siman 259:2)

This remorse, and the subsequent thoughts to return of the object, should happen immediately as for every moment that one holds on to something stolen with intent not to return it, he is obligated to perform the positive commandment of "V'Heishiv Es HaGezeilah, and not doing so is an additional "Bitul Asei, forfeiture of a positive commandment". (See Sh'ar Hatziyun Siman 606:2)

2) Even after the owner of the object gives up hope of ever getting his item back, i.e. he has Yi'ush, it is still obligatory to return the item to him.

According to some Poskim even in this case the negative commandment of "Lo Tigzol" is negated and the positive commandments of "V'Heishiv Es HaGezeilah" as well as "Hashev Teshivem" are fulfilled. (Shulchan Aruch Choshen Mishpat Siman 259:1 and Sm"a S"K 2. See Shach 259:1 where he quotes a whole list of Rishonim who maintain that once there was Yi'ush it will not negate the transgressions, and if the item is returned it is considered a "gift".)

All agree, however, that once there was Yi'ush the negative commandment of "Lo Tuchal L'Hisalem, do not turn a blind eye" is not negated. (Shulchan Aruch and Sm"a ibid.)

QUESTION & ANSWER 
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Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other topics, and Answers. These Q&A are taken from the Q & A  pages on the Halacha For Today website.
 
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Reader's Question:

What is the bracha and bracha acharona for kasha? Is it mezonos and al hamichya like a regular grain or is it borei nifashot like rice?


Answer:

Kasha, buckwheat, contrary to popular belief, is not a grain. Its Bracha is HoAdama and its after Bracha is Borei Nefashos. (See Igros Moshe Orach Chaim Vol. 1 Siman 65 and Yoreh Deah Vol. 2 Siman 25)

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The Halachos in this email and on my website are based on my personal understanding of the texts quoted, and are for learning purposes only, NOT for Psak Halacha L'Maaseh. If you have questions or require further source information, please email Ben@HalachaForToday.com and I will respond as soon as I can. For a Halacha L'Maaseh Psak, please contact your local Orthodox Rabbi.

 

All Halachos on this site were written from an Ashkenazic perspective and follow the rulings of Ashkenazic Poskim. Though I endeavor to point out whenever Sephardic rulings and customs differ from what I write, by no means have I adequately researched the Sephardic point of view of any Halachos that I write and my dear Sephardic readers should please review all rulings with their own Chachamim.