Q May I borrow my friend’s property without permission if I am confident that he would let me do so?

A This is an important question. Adherence to every halachic nuance is as important in day-to-day monetary and personal relations as in the most famous ritual laws.

The matter starts with the sugya of Yeiush Shelo Mida’at (lost hope without knowledge) in Bava Metzia 21b-22b. One loses an object under circumstances that he will give up hope of retrieving it when he finds out. Can someone who found the object before the owner became aware keep it? The gemara tries to answer from the following story. Three rabbis visited Mari bar Isak’s orchard, and his sharecropper brought them fruit from the orchard. Mar Zutra refused to eat, because Mari was not there to give permission, although he clearly would have wanted the honored guests to have them. Thus, we see that we follow that which one did authorize, not what he would have authorized. Tosafot (ad loc.) says that the other rabbis agreed with Mar Zutra in principle but assumed that the sharecropper had given them from his own portion, thus, this approach is halacha.

Others disagree with Tosafot. The Ran (ad loc.) cites the Rashba, that when one can assume that the owner would be happy to share his food with certain guests, it is permitted to give them. He cites Talmudic precedents where we assume that a homeowner has in mind to authorize others to give on his behalf. The Shach (358:1)makes a distinction between this case and Yeiush on a lost object. A person would prefer not to have Yeiush. Therefore, only if he actually loses hope does he lose the object. In a case where the owner would want to share with his unknown guest, he may partake without the owner’s knowledge.

There is not a consensus among today’s poskim on which position to accept. Thus, it is better to refrain from taking a friend’s object without permission. This not only applies to food, which is eaten and lost to its owner. Paying later mitigates but does not erase the fact that according to Tosafot, the action was theft (excuse the harsh term). Even in regard to objects that can be borrowed and returned, one who borrows without permission is a thief (Shulchan Aruch, CM 359:5).

However, we cannot condemn one who relies on the Shach’s leniency and, at best, can teach those who would want to know that there is a dispute on the matter.

In certain cases, one may clearly take things without the owner’s permission. One can give blanket permission, which may be assumed for some neighbors and for guests during their stay. It is permissible to use an object of so little value that owners generally do not care if anyone uses it (Pitchei Choshen, Geneiva 1:15).

If a responsible member of the household gives one an object under normal circumstances, one can assume that he has explicit or tacit authority to make such a decision on behalf of the household head(s). For that reason, tzedaka collectors may accept modest donations from older children at the door without knowing the family situation (based on Bava Kamma 119a). In a setting in which it is clearly accepted for people to borrow certain things without permission, one can assume that it applies to any given person. For example, in many yeshivot there is a policy of borrowing another’s sefarim for short periods of time. If a talmid does not want people to borrow his sefarim, he should note that in writing to save others from unknowing sin. Regarding borrowing articles used for mitzvot, it depends on the article and other factors, which likely change based on time and place, and the matter is beyond our present scope.

Let us caution the borrower. It is wrong to assume: “I would give him, so he would give me.” People have different natures and upbringings. On top of halachic concerns, many relationships among siblings and friends have been strained by incorrect assumptions of this sort. As it says in Pirkei Avot: “’Mine is yours, yours is yours,’ that is a righteous person.”

Ask the Rabbi Q&A is part of Hemdat Yamim, the weekly parsha sheet published by Eretz Hemdah. You can read this section or the entire Hemdat Yamim at www.ou.org or www.eretzhemdah.org. And/or you can receive Hemdat Yamim by email weekly, by sending an email to info@eretzhemdah.org with the message: Subscribe/English (for the English version) or Subscribe/Hebrew (for the hebrew version). Please leave the subject blank. Ask the Vebbe Rebbe is partially funded by the Jewish Agency for Israel

[2] Candle by Day
What we dignify by the name of "introspection" is usually nothing more than inspection of a relatively smaller field surrounding us. Most of us never really get to look inside.
From A Candle by Day by Rabbi Shraga Silverstein

[3] CHIZUK and IDUD (for Olim & not-yet-Olim respectively)
Often, we use the term "Klal Yisrael", while referring to the sum total of the Jewish people residing throughout the world. We speak of the Jewish people today consisting of those currently living in Eretz Yisrael, along with our brethren located in the Diaspora. Sociologically, this may be correct. However, from the Halachic standpoint, this is far from being the case.

Our great Rebbe, HaRav Yosef Dov Soloveitchik zt"l - quoting his father R' Moshe zt"l - distinguished between two categories of Mitzvot that are Eretz Yisrael bound. The first group - all of the agricultural variety of Mitzvot - demand, as a necessary Halachic prerequisite, that the Land be in a "sanctified" state. Practically, the map of Eretz Yisrael for this purpose is the reduced map operative during the Second Temple era until this very day (according to the dominant opinion voiced by the Rambam). However, a second category - all of non-agricultural concerns - also demands Eretz Yisrael as the only Halachically- approved location for the performance of such Mitzvot. In this category, it is the expanded map - as explicitly described in various Torah sections - that form the relevant and binding borders of Eretz Yisrael (including the Gush Katif area!).

Three central Mitzvot of this latter category are referred to in Parshat Pinchas.

1. The very Mitzva of residing in Eretz Yisrael (including owning land, followed by either cultivating it or building upon it) is the core issue revolving around the daughters of Tzlofchad's demand to receive their deceased father's land section in Eretz Yisrael.

2. The formal act of "Semicha", that of granting Halachic authority to the next generation, is pioneered by Moshe giving over that authority to his prime student, Yehoshua. This formal granting of the "Semicha" of old, linking the recipient - genereation to generation - back to Moshe, can only take place in Eretz Yisrael
3. The Musaf sacrifices for Rosh Chodesh and for all the festivals, are described in great detail. None of these special calendar dates would enjoy any sanctity whatsoever unless the appropriate sanctification of the moon and leap year adjustments were incorporated into the calendar in Eretz Yisrael. Rambam goes so far (Positive Mitzva #153) as to suggest that even today, the calendar owes its Halachic energy to the mere fact that a Jewish community exists in Eretz Yisrael.

Rambam's overall understanding is that the Halachic "address" for Klal Yisrael is Eretz Yisrael - and only Eretz Yisrael. The remaining Jewish population throughout the world is somehow "related" to the authentic Klal Yisrael in Eretz Yisrael.

Any Jew abroad willing and interested in (re)joining the authentic Klal Yisrael, and perhaps has difficulty in directions, should immediately consult one's local El Al timetable for the next available scheduled flight home to Eretz Yisrael.

Rabbi Dr. Aaron Adler, Ramot Alef
TORAH THOUGHTS as contributed by Aloh Naaleh members for publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication on Parshat Ha'Shavuah

[4] A Touch of Wisdom, A Touch of Wit
R' Yaakov Berlin, father of the Netziv, was a prosperous merchant.
Once, when he came back from a long business trip, he brought back an expensive glass vase, such as could not be bought locally. His wife was overjoyed at the gift, and it became one of her prized possessions.
One day, as the maid was cleaning the vase, it slipped from her fingers and shattered. R' Yaakov's wife began berating the maid angrily for her clumsiness, but R' Yaakov stopped her. "You can't shout at the maid," he said, "she is a Jew like you, and comes from the same distinguished line."
"But look at the damage she did," said his wife. "That vase cost a fortune."
"According to halacha," R' Yaakov said, "you have the right to sue her in a Beit Din, but not to be angry at her."
"Well, if that's the case," exclaimed his wife, "I'll go right now," and as she finished speaking she grabbed her coat and told the maid to follow her to the Beit Din.
When R' Yaakov saw her leaving, he rose and donned his coat.
"You can stay home," said his wife. "I don't need your help. I know exactly what to say."
"You misunderstand," said R' Yaakov. "I am not going to help you, but to help the maid, who does not know how to defend herself."

Shmuel Himelstein has written a wonderful series for ArtScroll: Words of Wisdom, Words of Wit; A Touch of Wisdom, A Touch of Wit; and" Wisdom and Wit" — available at your local Jewish bookstore (or should be).
Excerpted with the permission of the copyright holder

[5] Torah From Nature
Coqui Frog
Named for their distinctive "ko-kee, ko-kee" chirp, coqui frogs are tiny frogs, native to Puerto Rico. A species of the "free toed" frogs, coqui has no connecting membranes between its toes, which are padded in order to allow it to adhere to surfaces. Green, brown, or yellowish in color, the coqui ranges in length from 15-18mm (about the size of the turtle in the logo of this column). The coqui is particularly known for the songs that its males sing from dusk until dawn, which is why it made the news lately (see below). Coquies breed year-round... unlike other amphibians, coqui do not lay eggs on the water; rather, fertilization is internal. As a result, the entire tadpole stage takes place within the egg and a tiny, fully formed frog hatches after a period of 17-26 days. Coquis lay 4-6 clutches of eggs a year, with an average of 28 eggs in each.

Coqui frogs spread from their native Puerto Rico to Hawaii in 1990, when they arrived on the island in a shipment of tropical plants. They had no natural predators. By January 2005, they had infested 150 communities, with their nocturnal singing shattering the silence and their voracious appetite for insects and spiders cutting into the food supplies of native birds and fauna... Living near a large concentration of these frogs was compared to living near an airport, noise- wise. But coqui noise is all night long! No break between jet planes... it is no longer considered practical to eradicate coqui in Hawaii; they just hope to contain them...

[6] MicroUlpan
Paint is TZEVA, which coats a surface. STAIN is a liquid that colors wood (for example) by being absorbed, allowing the texture of the wood to show. In Hebrew - TZARAV

[7] PERSONAL
There are many ways to protest the "disengagement plan" - this is my way. What gives me the right to take space in Torah Tidbits to make personal statements? Nothing really, but some- times you gotta do what you gotta do. For me, it's instead of moving down to Gush Katif. It's instead of or in addition to other forms of protest. I am opposed to blocking traffic. I'm in favor of going to rallies and roadside protest points. I'm taking advantage of a vehicle that consumes so many hours a week and so much energy, that I consider this to be like taking out a paid ad in the Jerusalem Post, or in... Torah Tidbits.

I've started this piece about 6 different ways so far, but I think I'm ready to continue now. Will what I'm writing change Sharon's mind? No. What I'm hoping for is people will use some of the following statements of opinion as springboards to discussion. Parents should ask their children and children should ask their parents how they feel about this issue.

Each of the following statements begin with "I, Phil Chernofsky, speaking only for myself, believe / feel / am of the opinion that..."
• if a person believes that disengagement is a step towards peace and will save lives, then he should favor it.
• if a person feels that disengagement will be harmful to Israel and its people, then he should oppose it. And protest it. And not consider it a "done deal".
• the first person described is tragically wrong and the second person sadly has the more correct reading of the situation.
• it is obscene and immoral for Jews to uproot Jews from their homes and their communities.
• Ariel Sharon pushed the disengagement plan in an undemocratic and dictatorial manner that went against the mandate that elected him, against the principles and policies of his party.
• there is tremendous pressure on Sharon from the US (and England) to proceed towards the "US Road Map" and a two-state situation and that means acting AGAINST our best interests. Which the PM might feel compelled to do, but it should not stop people from protesting.
• the disengagement plan is perceived by the Arab world as a reward for terror, and that alone makes it a very bad plan.
• the disengagement plan is perceived by the world (and by many Jews) as a statement that we do not really have a legitimate claim to Eretz Yisrael. And that makes it a very bad plan.
• the Palestinians are not interested in peace with Israel but rather will take whatever they can get and never be satisfied until, G-d forbid" we cease to exist. And that makes disengagement a bad plan.
Please notice that each statement begins with a lower case letter and is meant to follow the first half of the sentence,"I, Phil Chernofsky, speaking only for myself, believe / feel / am of the opinion that..."
I sincerely hope that people who disagree with me will not stop reading Torah Tidbits because of that disagreement. I say again that just like people study and discuss the ParshaPix or read aloud a part of the Sedra Summary, an SDT, the articles on Jewish Law, the Mikdash, Mitzvot, Tanach, Davening or whatever to their family and guests, so too with this, in a constructive manner.

[8] Divrei Menachem
Parshat Pinchas reminds us that Israel is not short of enemies. Our arch enemy will always be Amalek, the embodiment of cruelty and wanton aggression. However, in our parsha G-d commands Moshe, "to harass the Midianites and smite them for they harass you" (B'midbar 25:16). For they beguiled us in the matter of Peor and in the matter of Kozbi, the daughter of a Midianite prince.

In ancient times, Rashi tells us, the Midianites prostituted their daughters in order to mislead us into worshiping Pe'or. Today we might associate Pe'or with sexual immorality and self-gratification, those pervasive ailments that seems to attack us from all sides.

An earlier text records, however, that the Israelites had committed harlotry with the daughters of Mo'av (ibid 25:1). Why then are the Midianites singled out? It seems that the sorcerer Bila'am, passing through Midian after his unsuccessful attempt to curse the people, lured the Midianites into initiating this plot. And to cite Rabbi Hirsch, the above text clearly implies that even after the Moabite women entered the play and Israel was plagued, the Midianites continued to taunt Bnei Yisrael.

And "Midian" still threatens Israel's essence, the family purity and pedigree that have preserved its very fabric from earliest times. No wonder the plague that purified Israel was followed by a census according to patrimony. Clearly, Israel's integrity is a function of its moral standing.

Shabbat Shalom, Menachem Persoff