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May 25, 2012
Mark Clayton: Is Hillary's State Dept. hacking Al Qaeda? Not quite
Erika Bolstad: Temple cancels Wasserman Schultz speech
The Kosher Gourmet by Ethel G. Hofman: The former president of the International Association of Culinary Professionals, whose members included the likes of Julia Child, is back with contemporary Shavous cuisine: Ruby Fruit Soup, Sweet Noodle Kugel with Cheese, Key Lime Curd, Calsone Casserole Frittata with Wild Mushrooms, Sun-dried tomatoes and Olives, Baked Tilapia with Pepper Cheese Cream and Brown Sugar Shortbread
May 24, 2012
Jeff Jacoby: The peace process battered Israel's reputation
Michael Muskal: 'Pro-choice' position hits record low, according to poll
Chris Farrell: Are We in a Tech Bubble?
The Kosher Gourmet by Penelope Wall: PHILLY CHEESE STEAKS --- hold the steak!
May 23, 2012
Tony Pugh: More private colleges offering tuition discounts
Mary Beth Franklin: How to Choose the Right Annuity for You
Tina Susman: The wig wasn't enough: Man gets 13 years for posing as his dead mom
The Kosher Gourmet by Emma Christensen:A simple way to do fish right
May 22, 2012
Warren Richey: Can US group challenge overseas surveillance act? Supreme Court to decide
Thomas M. Anderson: Walking Away From a Mortgage
The Kosher Gourmet by Megan Gordon: Enjoy a celebration of the most rich and layered flavors: Black bean, sweet potato and quinoa chili
May 21, 2012
Mark Clayton: Cybersecurity: How US utilities passed up chance to protect their networks
Howard LaFranchi: NATO summit: Who will foot the bill for long-term Afghanistan security?
Chris Farrell : Earn Dividends in Emerging Markets with This WisdomTree ETF
Stephen Whiteside, Ph.D. : Mayo Clinic Medical Edge: Social anxiety disorder --- or just shy?
Guy Jackson : Victim's father regrets death of Lockerbie bomber
The Kosher Gourmet by Mario Batali: Famed chef's veal shoulder farsumagru: A festive meat course for late spring
May 18, 2012
Rabbi Berel Wein: Striving: The People of the Book's Book for (All of) the People
Steven Goldberg: 5 Great Stock Picks and the Exchange-Traded Fund that Owns Them
Mary Pickett, M.D.: Ask the Harvard Experts: Don't be forced into gluten-free lifestyle based merely on a doctor's false-positive test
The Kosher Gourmet by Carolyn Malcoun: DIY healthy lunchbox treats: HOMEMADE FRUIT BARS for kids and brown-bagging adults alike
May 17, 2012
Warren Richey: Teacher fired for being unwed and pregnant can sue religious school, court rules
Josh Mitnick: Netanyahu's 'centrist' coalition is already proving it's anything but
Steven Goldberg: Earn Dividends in Emerging Markets with This WisdomTree ETF
Amina Khan: Research links coffee to lower death rates
The Kosher Gourmet by Faith Duran : Cheesy Potato Breakfast Casserole with Cheddar and Sun-Dried Tomatoes
May 16, 2012
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
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The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
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Jewish World Review
Of rights and sites
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q. I bought a book through an online bookstore and it says inside it belongs to a well-known yeshiva. I contacted the yeshiva and they confirmed that it belongs to them. What do I do?
A. In general, the rule in Torah law is that anytime an object makes its way into our hands, we have an obligation to return it to the owner. The Torah commands this return in two places:
If you encounter the ox of [even] your enemy, or his ass, straying in the way, surely return it to him. (Exodus 23:4)
Don't see your brother's ox, or his sheep, straying and ignore them; surely return them to your brother. (Deuteronomy 22:1)
From the point of view of the original Torah law, there is really no difference how the lost object made it into your hands. If it was lost and you can identify the owner, you have to take steps to return the object. (As we explained in previous columns, you are not required to incur net expenses to do so.)
However, Jewish law, just like civil law, makes certain provisions for objects obtained in good faith in an open marketplace. The Talmudic sages made a regulation known as "rectification of the market" (takanas hashuk) that enables a person to recover lost property yet prevents a person from suffering a loss if he makes a purchase in good faith. Good faith means that he did not know, and had no reason to know, that the merchandise was stolen. They were worried that if inadvertently buying a stolen object would result in a total loss, people would be reluctant to buy and general commerce would suffer.
In this case, the buyer still has to fulfill the commandment of returning the lost object, but the original owner has to reimburse him for the price of his purchase (assuming it is a fair market price). Any legal action against the thief will be taken by the original owner, who is left with a monetary loss.(1)
The logic behind requiring the payment is to encourage market activity; the logic behind the return is that the original owner values the object particularly highly. There are many different justifications for this idea. From an economic standpoint, we would say that the fact that the original owner refrained from selling the object even though he could have obtained the same price as the thief proves that he values it more highly than the thief did and more than we know the purchaser does. From a psychological point of view, we know that people develop an attachment to their property over time. There is also a spiritual element that until ownership is uprooted we view a special providential connection between a person and his possession.
This rule is subject to various conditions. First of all, if the original owner can be assumed to have given up hope of ever recovering the object, the subsequent owner may obtain full ownership, what is sometimes known in secular law as "clear title". Second of all, the acquisition must really be in good faith. If the site, or the particular vendor, involved have a shady reputation which you could have verified, this condition may not hold. If you had reason for suspicion you may be obligated simply to return the book. Finally, what we just explained is the Jewish law approach. There may be various secular laws and regulations which would change the picture. Since this column does not discuss issues of secular law, we cannot even relate to these.
Note that actual application of takanas hashuk in your case would be problematic. In your case we are discussing a standard object. The book that you obtained is exactly identical to another copy the yeshiva would obtain. It is true that a private individual develops a special attachment to his books, and particularly to religious books, and probably most people would be very reluctant to trade their familiar prayer books for a new and "better" one. But this consideration rarely applies to an institution such as a yeshiva.
In other words, the yeshiva would probably find the prospect of receiving your copy of the book and returning you the money very unattractive. It is probably better for both of you if the book remains in your hands, though you should certainly notify them and give them the option. The yeshiva will probably want to obtain from you the contact details of the seller so that they can try and obtain recompense from him. Even if the book was taken inadvertently, the taker still has to return it to the original owner. That is the essence of the mitzvah to return lost objects.
According to Jewish law, you should offer to return the book to the yeshiva and obtain recompense, but probably they will be more interested in the contact details of the seller so that they can try to recover the value of the book.
SOURCES: (1) Babylonian Talmud, Bava Kamma 141a
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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