Torah Quiz- What’s the Din???
As many of you have more time for learning Torah on this “snow day”, I figured I would offer a bit of a Torah Test to add to you Mitzvah of Talmud Torah.
I will present a case history and the details of the case.
It's up to you to figure out the halacha.
Here we go:
The Story of the Missing iPhones
Case History:
One Monday a Rebbe was instructing his of eighth-grade class on the dangers of the iPhone (and all Smart Phones).
The Rebbe suggested to the class that whoever wants to get rid of this dangerous device should bring his iPhone to school tomorrow.
On Tuesday, out of a class of 30, 27 boys brought in their iPhones.
When the Rebbe had all 27 phones he then announced that tomorrow- Wednesday they will burn the eye iPhones as a public display of their revulsion with the device in the schoolyard in the presence of the entire school,
Tuesday afternoon all the phones were placed in a box by the Rebbe and he placed them in the closet of the classroom.
On Wednesday the Rebbe and all the boys excitedly arrived ready and eager to publicly burn their iPhones.
However, to the shock and amazement of the Rebbe and students, when the Rebbe opened the closet, the box where the iPhones were, was empty!
A few days later one of the three boys who did not want his iPhone burned and never handed it in, admitted that during the night he came into the classroom and removed all 27 iPhones.
He then proceeded to sell each and everyone in various places and through various connections.
He pocketed all the money he made.
When the boys and the Rebbe protested and rebuked him and even demanded that he pay each boy back the market value of his iPhone, the boy who took the iPhones retorted:
“I don’t owe anyone one of you a penny. You were planning on burning the phones the next morning. That means when you gave up your ownership on them (you made them Hefker) when you gave them to the Rebbe.
Since you all knew that on Wednesday they would be burned and worthless, you forfeited your ownership on the phones on Tuesday afternoon.
The iPhones I took on Tuesday evening were already ownerless (hefker). I don’t have to pay you guys a penny!”
What is the Halacha in this case and why?
Is the boy correct that they were already Hefker as their intention in giving them in on Tuesday was to destroy them on Wednesday?
Is this case not akin to if you tell me you are throwing out your old desk tomorrow, however, you have not yet pulled it to the sidewalk as garbage pickup is the next day-
Can I take the desk already from your porch as you have already publicly told people that you planning on throwing it out on the next garbage pick up day?
In general, can a person collect items from someone’s garbage that has been pulled to the curb?
Who is the right, the boy who took the phones or the other boys? And why?
Hatzlacha!
Ron Yitzchok Eisenman , Rabbi,
Congregation Ahavas Israel
