REVACH L'DAF
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SUMMARY
If a Talis or an axe is found on a thoroughfare or a cow is found running in a vineyard it is an Aveidah,
If a Talis or axe is found on the side of a fence it is not an Aveidah unless it is was there for three days
If someone sees that water is about to flood his friend's field he is obligated to erect a fence in order to stop the water.
Rava says that an Aveidah of Karka is in clued din the Mitzvah of Hashavas Aveidah.
If a donkey or a cow is found grazing on the road it is not an Aveidah but if the donkey as found turned over and the cow was running between the vines of a vineyard it is an Aveidah.
Abaye says that if a cow or donkey is grazing in a vineyard it is not an Aveidah but if they are found running in the road it is an Aveidah.
Rava says if a cow or donkey is found running in the road if it is facing away from the city it is an Aveidah but if it is facing the city it is not an Aveidah.
Rava says if a cow is found grazing in a vineyard it is an Aveidah of the Karka because the cow may damage the vines, but it is not an Aveidah of the cow. (1)
If someone returns a lost animal and it runs away again even if this repeats itself a hundred times he is obligated to return it.
A person may return a Metzi'ah to the house, garden or yard of the owner if it is a protected place and he is not obligated to notify the owner. .
A Ganav or a Shomer Pikadon must notify the owner when they return the stolen or guarded item. (2)
If a person sends away the mother bird and it returns before he takes the eggs or chicks even if this repeats itself a hundred times he must send the mother away again.
Even if a person needs a bird for a Mitzvah, such as for the Taharah of a Metzorah, he may not take a mother from its offspring.
A person must rebuke a wrongdoer even a hundred times and even a Talmid must rebuke his Rav if he sees him act improperly.
A person is obligated to help unload or load an animal even if the owner of the animal is not able to help him.
It is a Machlokes Tana'im if a person is obligated to help load an animal if he is not getting paid.
If a murderer is condemned to death by Beis Din and it is impossible to carry out the Misah that is prescribed by the Torah (death by sword) it is permissible to kill him in any way possible. (3)
If it is impossible to kill one of the residents of an Ir ha'Nidachas with the Misah that is prescribed by the Torah (death by sword) it is permissible to kill him in any way possible.
A Mashkon must be returned every night (if it is a night garment), or every morning (if it is needed during the day) whether it was taken with Reshus Beis Din or not.
A person must give Tzedakah to the poor of his city and also to the poor of other cites and if he does not have the means to give a large donation he must give a small donation.
A master must give Hana'akah (gifts) to a departing Jewish servant whether his house was blessed as a result of the presence of the servant or not according to the Tana Kama
R. Elazar Ben Azaryah holds that the master is only obligated to give Hana'akah if his house was blessed as a result of the presence of the servant.
If a poor person is unwilling to take money for Tzedakah it shall be given to him as a loan
If a person is of means but is too miserly to use the money he should be given money for support and it shall be collected from his estate after his death.
R. Shimon holds if a person is too miserly to support himself he should not be helped out.
If a person must take off from his work in order to return a Metzi'ah he is paid the sum that a worker would be willing to take to be idle from his work and return a Metzi'ah instead.
If there is a Beis Din and he makes a condition that he is only returning the Metzi'ah on condition that he receives his full pay it is a valid condition
A BIT MORE
1. Therefore if the vineyard is owned by a non-Jew there is no Mitzvah of Hashavas Aveidah, however if there is a possibility that the cow will be killed by the non-Jew he must return it.
2. If the Ganav or the Shomer Pikadon returns the item and it dies or it is stolen before the owner finds out that it was returned the Ganav or the Shomer is Chayav to pay.
3. For example, if he ran away from Beis Din in a boat and it is possible to kill him with an arrow or to sink the boat it is permissible to do so.
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BRIEF INSIGHT
RETURNING A METZI'AH
If a person must take off from his work in order to return a Metzi'ah he is paid the sum that a worker would be willing to take to be idle from his work and return a Metzi'ah instead. If there is a Beis Din and he makes a condition that he is only returning the Metzi'ah on condition that he receives his full pay it is a valid condition. Even if he was promised more than the usual sum that a worker takes for being idle the Ba'al Aveidah must pay him. However, the Sma explains that if he was promised the amount that is more than he normally receives for his work he only receives up to the amount that he would have received for his regular work not more even if he was promised because the Ba'al Aveidah can tell him that I wasn't serious when I promised you that amount.
QUICK HALACHAH
SCHAR HASHAVAH
If someone sees an Aveidah he must return it without charge if he is an idle person, but if he is occupied and he took off work and lost a Dinar in wages and he returned an Aveidah that is worth a hundred Dinar he may not insist to be given a Dinar and instead he receives the amount that a worker would take in order to take off from the work that and remain idle. According to some opinions he receives the amount a worker would take in order to return a Metzi'ah instead of doing the regular work that he normally does, consequently if he normally receives 4 Dinarim for his work and he would take just one Dinar in return for being return for returning the Aveidah instead of being completely idle he would two Dinarim he is paid 2 Dinarim even though he is being paid a Dinar as a reward for returning the Metzi'ah. It is only permissible for him to take money for returning a lost item if the owner is not present when he returned it, but if the owner is present and he didn't make any condition he lost out and he only receives the wages of a completely idle worker and not the amount that he would take for the effort of returning the Metzi'ah. (Shulchan Aruch CM 265:1)
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