Unconscious despair
Hello Rabbi
According to the saying, despair that is not due to ignorance is not despair. What is expected of the originator to do with such a loss?
In principle, since it came to him during a prohibition (i.e., before despair), he has the obligation to return it to the owner, just like any other loss.
In Wikipedia, under ‘Unconscious Despair’, the opinions of the jurists regarding the use of an object in the meantime are summarized:
The Rishonim disagreed about whether he can use the object he found, [29] or whether it “will lie there until Elijah comes” and he cannot use it at all. [30] Those who believe that as long as he does not know whose the loss is, he is entitled to it and can do with it as he wishes, explain that the reason for this is that the ruling that despair without knowledge is not despair is relevant only in a situation where the owner is known. [31] According to the halakhic ruling, Rabbi Ben Zion Abba Shaul [32] said that he can use it.
In the case where he took an object from the owner and it is clearly known to him that the owner agrees to take it, even though he did not obtain permission from him, in such a case, according to the Beit Yosef, even Abaye agrees with Rava’s statement.
I didn't understand. What does the Torah expect a Jew to do if he is faced with such a loss. To take it? So the Torah wants us to do prohibitions (in a prohibition I will take it)?
If a person did not take it, he must leave it in its place. After taking it, there is an obligation to return it or it will be placed
And what about the return?
(And why even leave it? From what I know, only something that is convenient is left in place)
Answer them after you pick them up. You may not be able to ignore them, but it depends on whether or not there is a sign. If there is a sign, then pick them up and search for the owner, and if there is no sign, leave them in place.
If I am not mistaken, the Ritva has already explained that the phrase “in the prohibition I will take it” does not mean an actual prohibition. Read his words.
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