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12TH CYCLE DEDICATION
NEDARIM 34 (17 Shevat) Dedicated by Mrs. Idelle Rudman in memory of Harav Reuven Moshe Rudman ben Harav Yosef Tuvia Rudman, on his second Yahrzeit.
If the owner of the Aveidah is forbidden to benefit from the property of the finder, if the finder does not wish to take the reward he must give it to Hekdesh. (1)
If the property of the owner of the Aveidah is forbidden to the finder of the Aveidah it is not necessary for him to give the reward to Hekdesh. (2)
According to the second version of the Machlokes between Rebbi Ami and Rebbi Asi they are arguing if an Aveidah may be returned if the owner of the Aveidah is forbidden from benefiting from the finder. (3)
According to this version both Rebbi Ami and Rebbi Asi agree that if the finder may not benefit from the owner he is allowed to return the Aveidah because the Perutah of Rebbi Yosi is uncommon.
If someone says that this Kikar Hefker that is in front of him shall be Hekdesh, if he picks it up in order to eat it he is Mo'el on the entire Kikar. (4)
If he picks up the Kikar in order to inherit it to his sons he is only Mo'el for the amount of benefit that he has from it. (5)
The Gemara asks if someone makes a Neder prohibiting his Kikar on his friend, is the Kikar forbidden to his friend even after he gives it to him as a gift. (6)
A BIT MORE
1. This is the version of the Gemara according to the Ran which is the opposite of the version that we have in the Vilna Shas. The reason why he may not keep the reward for himself is because will be benefiting from the finder, therefore he must give the reward to Hekdesh.
2. Since the reward is rightfully his in return for giving back the Aveidah, he may take the reward even though it is forbidden for him to derive benefit from the owner of the Aveidah.
3. According to one opinion the Aveidah may not be returned since the owner of the Aveidah may not benefit from the finder.
4. Even though a person cannot be Makdish something that does not belong to him, if the Kikar is within his four Amos he may be Makdish it. He is not Koneh the Kikar for himself because once he says that the Kikar should go to Hekdesh he is making it clear that he wanted Hekdesh to be Koneh and not himself.
5. Since he did not pick it up in order to be Koneh it he is not Mo'el on the entire Kikar, he is only Mo'el on the amount that it is worth to him that his sons appreciate what he did for them.
6. If it was first given to a third party and only after that it was given to the friend it is permitted for the friend to benefit from it.
RETURNING AN AVEIDAH
According to the second version of the Machlokes between Rebbi Ami and Rebbi Asi they are arguing if an Aveidah may be returned if the owner of the Aveidah is forbidden from benefiting from the finder. According to one opinion the Aveidah may not be returned since the owner of the Aveidah may not benefit from the finder. The Ran asks how does this opinion explain why then it is permitted to pay back a Chov for a person who is not allowed to benefit from you? Why is paying back a Chov permitted while returning an Aveidah is forbidden? The Ran answers that returning an Aveidah is forbidden because you are giving it directly to him and you are benefiting him because if you had not found it the Aveidah may have been completely lost. A Chov on the other hand is not given directly to the person.
REWARDING THE FINDER
If Reuven prohibited Shimon from benefiting from his property he may return his Aveidah. Whether the finder is prohibited from benefiting from the owner of the Aveidah or vice versa it is permitted to return his Aveidah. In a place that a reward is given to the finder, if the property of the owner is prohibited to the finder it is prohibited for him to take the reward. If the property of the finder is prohibited on the owner he must take the reward and he may not return it for free. If the property of both of them are forbidden on each other the finder may not take the reward because he is benefiting and the Aveidah may not be returned without any reward because the owner is benefiting. Instead the reward shall be given to Hekdesh. (Shulchan Aruch YD 221:3)
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