Final sum Flashcards

(43 cards)

1
Q

What is Yeush?

A

Giving up hope

Yeush signifies a mental state where the owner no longer believes they will recover a lost object.

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2
Q

Does Yeush matter whether the object is lost or not? Why?

A

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.

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3
Q

Does Yeush matter whether the owner knows the object is lost or not? Why?

A

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).

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4
Q

What happens to an object when the owner has Yeush?

A

The object becomes separated from the owner

Once Yeush occurs, another person can claim ownership of the object.

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5
Q

Can an owner have Yeush when the object is in their pocket? (explain)

A

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).

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6
Q

What is the difference between having Yeush and making an object ownerless?

A

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.

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7
Q

What is a lost object?

A

An object that is outside of the owner’s רשות

רשות refers to the owner’s domain or control over the object.

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8
Q

What is רשות? (At least five answers)

A
  • Domain
  • Control
  • Area
  • Property
  • Authority
  • Permission
  • Accessibility

רשות encompasses various aspects of ownership and control.

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9
Q

Is it still lost if the owner knows it is in Pyongyang (North Korea)? Why?

A

Yes, because lost doesn’t mean the owner forgot where the object is

It means the object is outside the owner’s control.

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10
Q

If your safe, in your house, breaks and can’t be opened… are the contents lost? Why?

A

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.

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11
Q

What is מדעת?

A

From knowing

This refers to the owner’s awareness of the loss of their property.

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12
Q

How does an owner know their object was lost?

A
  • 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.

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13
Q

Why would an owner realize his pressed cakes got lost?

A

Because they are heavy

The physical characteristics of the object can trigger awareness of loss.

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14
Q

Why would an owner realize their tongues of purple wool got lost?

A

Because they are valuable

The perceived value of an object can lead to its owner noticing its absence.

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15
Q

Why would an owner realize their money got lost?

A

Because people check their money

Money is often monitored closely, leading to quicker realization of loss.

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16
Q

Why would an owner realize their figs are lost?

A

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.

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17
Q

Why would someone that got robbed realize their objects are lost?

A

Because they saw someone else take their property

Direct observation of the theft triggers awareness of the loss.

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18
Q

Why would someone that got burgled not realize their objects are lost?

A

Because they didn’t see someone else take their property

Lack of direct evidence or observation can lead to unawareness of loss.

19
Q

What is the structure of attempted proofs?

A
  • 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.

20
Q

What is the case/halacha regarding scattered fruits?

A

When you find scattered fruit you may keep it

This illustrates a legal principle relating to ownership and loss.

21
Q

What is the conclusion/limit for scattered fruits?

A

Only on a threshing floor when the owner knows

The context of the find alters the applicability of the halacha.

22
Q

What is the case/halacha regarding scattered money?

A

When you find scattered money you may keep it

This follows the same legal reasoning as scattered fruits.

23
Q

What is the conclusion/limit for scattered money?

A

People realize they lost money; owner knows

Awareness of loss is crucial for the legal outcome.

24
Q

What is the case/halacha regarding bakers loaves and fig cakes?

A

When you find bakers loaves and fig cakes you may keep it

The weight and value of these items contribute to the legal reasoning.

25
What is the conclusion/limit for bakers loaves and fig cakes?
People realize they lost these heavy things ## Footnote The nature of the items affects the owner's awareness.
26
What is the case/halacha regarding tongues of purple wool?
When you find tongues of purple wool you may keep it ## Footnote This emphasizes the principle of ownership and realization of loss.
27
What is the conclusion/limit for tongues of purple wool?
People realize they lost these valuable things ## Footnote Value plays a key role in the owner's awareness of loss.
28
What is the case/halacha regarding money in Shul or Beit Medrash?
When you find money in a shul or Beit Midrash, you may keep it ## Footnote The context of the location affects the legal ruling.
29
What is the conclusion/limit for money found in Shul or Beit Medrash?
People realize they lost money ## Footnote Awareness in communal spaces influences ownership claims.
30
What is the case/halacha regarding pickings?
Rich can take charity after the נמושות ## Footnote This reflects on the societal implications of ownership and entitlement.
31
What is the conclusion/limit for pickings?
The poor people never had hope, they always knew others would take it ## Footnote The understanding of loss and ownership is shaped by social context.
32
What is the case/halacha regarding olives and carobs?
If you find olives and carobs you can’t keep them ## Footnote This demonstrates a legal distinction based on the presence of a sign.
33
What is the conclusion/limit for olives and carobs?
There is a sign (where it is), no one would give up hope ## Footnote The existence of signs affects the determination of ownership.
34
What is the case/halacha regarding figs?
If you find figs you can keep them ## Footnote The nature of figs influences the legal standing of ownership.
35
What is the conclusion/limit for figs?
The owner knows and they get nasty ## Footnote The implications of ownership awareness affect the legal outcome.
36
What is the case/halacha regarding a burglar giving stolen goods to another?
One burgles, gives to another, the new owner doesn’t have to return it ## Footnote This highlights the complexities of ownership transfer in theft cases.
37
What is the conclusion/limit for the burglar scenario?
The original owner never realized it got stolen; only pretend Yeush ## Footnote The owner's unawareness plays a critical role in the legal determination.
38
What is the case/halacha regarding a river taking materials to a neighbor?
River takes your wood, beams, and bricks to neighbor's field and the neighbor can keep it ## Footnote This demonstrates the interaction between natural events and ownership.
39
What is the conclusion/limit for the river scenario?
Only talking about when the owner was there, could have saved it, and decided to let it get washed away ## Footnote The owner's presence and actions influence the outcome.
40
What is the case/halacha regarding water falling on an object?
When water falls on fruit it doesn’t become susceptible to impurity without knowledge ## Footnote This illustrates the importance of awareness in legal determinations.
41
What is the conclusion/limit for the water scenario?
We only don’t pretend by the laws of impurity, but maybe we could pretend by lost objects ## Footnote Distinctions exist between different areas of law regarding ownership and awareness.
42
What is the case/halacha regarding an object getting washed away by a river?
If an object has a sign on it or not, you will be able to take it ## Footnote The presence of a sign affects legal ownership claims.
43
What is the conclusion/limit for the washed away object scenario?
Abaye is correct; only according to Abaye can we ever not keep something without a Siman ## Footnote The interpretation of signs is crucial in determining ownership.