December 2007 – בין דין לדין

Another Check to the Friendly Move

I recently discussed the rule that one isn’t Koneh an object whose discovery within one’s R’shus is unlikely, and I argued that this principle is limited to Kinyanim, such as Hazer and Yad, but is irrelevant to inheritance, which isn’t a Ma’aseh Kinyan. My friend Yisrael discovered that this exact point is made by Rav […]

Of Water and Autopsies II

I recently cited a comment of Rashi apparently indicating that, in contradistinction to the opinion of Tosfos, the Rosh and the Shulhan Aruch, one is prohibited from stealing even to save one’s life; I shall discuss here some Poskim who indeed make this inference. The first one that I have seen to remark on the […]