Final sum Flashcards
(43 cards)
What is Yeush?
Giving up hope
Yeush signifies a mental state where the owner no longer believes they will recover a lost object.
Does Yeush matter whether the object is lost or not? Why?
Yes, if the object is not lost, losing hope of it doesn’t do anything
Yeush applies specifically to objects that the owner believes to be lost.
Does Yeush matter whether the owner knows the object is lost or not? Why?
Yes, in order to give up hope the owner has to actually know the object is lost
This creates a distinction between actual loss and perceived loss (Yeush Shelo Midas).
What happens to an object when the owner has Yeush?
The object becomes separated from the owner
Once Yeush occurs, another person can claim ownership of the object.
Can an owner have Yeush when the object is in their pocket? (explain)
No, Yeush is giving up hope on a lost object
For Yeush to apply, the object must be outside of the owner’s control (רשות).
What is the difference between having Yeush and making an object ownerless?
Any object can become ownerless; Yeush is a specific thing that only affects objects that are lost
Yeush specifically refers to the mindset regarding lost items.
What is a lost object?
An object that is outside of the owner’s רשות
רשות refers to the owner’s domain or control over the object.
What is רשות? (At least five answers)
- Domain
- Control
- Area
- Property
- Authority
- Permission
- Accessibility
רשות encompasses various aspects of ownership and control.
Is it still lost if the owner knows it is in Pyongyang (North Korea)? Why?
Yes, because lost doesn’t mean the owner forgot where the object is
It means the object is outside the owner’s control.
If your safe, in your house, breaks and can’t be opened… are the contents lost? Why?
Yes, because being hard to get to doesn’t make it outside of your control
The contents remain within the owner’s رשות despite being inaccessible.
What is מדעת?
From knowing
This refers to the owner’s awareness of the loss of their property.
How does an owner know their object was lost?
- They become aware it is not in its place anymore
- They realize it fell because it was heavy
- They check for it because it was valuable
Awareness can stem from different factors that alert the owner to a loss.
Why would an owner realize his pressed cakes got lost?
Because they are heavy
The physical characteristics of the object can trigger awareness of loss.
Why would an owner realize their tongues of purple wool got lost?
Because they are valuable
The perceived value of an object can lead to its owner noticing its absence.
Why would an owner realize their money got lost?
Because people check their money
Money is often monitored closely, leading to quicker realization of loss.
Why would an owner realize their figs are lost?
Because figs often fall from trees AND get ruined when they fall
The nature of the object can influence the owner’s awareness of loss.
Why would someone that got robbed realize their objects are lost?
Because they saw someone else take their property
Direct observation of the theft triggers awareness of the loss.
Why would someone that got burgled not realize their objects are lost?
Because they didn’t see someone else take their property
Lack of direct evidence or observation can lead to unawareness of loss.
What is the structure of attempted proofs?
- An intro (ת’’ש)
- A case/halacha that seems to be an example of יאוש שלא מדעת
- An explanation of why this isn’t a case of יאוש שלא מדעת
This structure is used to clarify legal reasoning in Talmudic discussions.
What is the case/halacha regarding scattered fruits?
When you find scattered fruit you may keep it
This illustrates a legal principle relating to ownership and loss.
What is the conclusion/limit for scattered fruits?
Only on a threshing floor when the owner knows
The context of the find alters the applicability of the halacha.
What is the case/halacha regarding scattered money?
When you find scattered money you may keep it
This follows the same legal reasoning as scattered fruits.
What is the conclusion/limit for scattered money?
People realize they lost money; owner knows
Awareness of loss is crucial for the legal outcome.
What is the case/halacha regarding bakers loaves and fig cakes?
When you find bakers loaves and fig cakes you may keep it
The weight and value of these items contribute to the legal reasoning.