Q: This true story involves four people, whom I will refer to by number. 1 stole similar computers from 3 and 4. 2 is a go-between who offers to sell a computer for 1 to 3 for 1500 shekels. 3 apparently thinks he is paying to get his old computer back, but it's really 4's computer. 4 finds out and demands of 3 to return his computer, but 3 says he will give it back only if 4 pays him the 1500 shekel he paid for it. If 3 will not go to a rabbinical court, can 4 go to the police?

A: 4 may go to the police in regard to the alleged thief, 1, which he is apparently reluctant to do for whatever reason, which is not our business. We would not go to the police in regard to 3, who is a victim, not a culprit. Of course, we have yet to determine if 3 is a victim who has reacted correctly or not. As we always point out in this type of question, we cannot make any determinations to obligate someone who has not had the opportunity to formally present his side before beit din. We can only tell someone if, according to his version of the story, he has a right to act in a certain way.

We have to break the story into two possible scenarios. When an object is stolen, it is normally incumbent on the thief to return the object (Vayikra 5:23). For that matter, anyone who gets access has a mitzva to return it as a lost object. However, things can occur to release the original owner's control over the object. One factor is YEI'USH, when the original owner gives up real hope of recovering the object. If there was YEI'USH and then the thief sold it to someone else, then the buyer acquires the object and does not need to return it to the original owner (Shulchan Aruch, Choshen Mishpat 356:3). If that is the case over here, then 3 can either keep the computer or offer it back to 4 as a sale item. (See opinions in Shulchan Aruch and Rama ibid. regarding if the buyer must pay the victim the stolen article's added value if he received a discount on it.)

There are rules to try to determine if there is a presumption of YEI'USH. The general rule is that when one Jew steals from another Jew, whether by force or by avoiding people's notice, there is a presumption of YEI'USH (Shulchan Aruch, ibid. 368:3). However, the Rama continues that the proper custom is to return the stolen article to its original owner in any case, a practice that apparently began because of the law of the land (see Rama 356:7). From the sound of your case, it seems likely that there were special circumstances under which there might not have been YEI'USH.

When a third party pays the thief to buy a stolen object without YEI'USH, the basic principles of the law dictate that he has thrown out his money and the victim does not have to reimburse him. However, there was a rabbinical pro- vision (TAKANAT HASHUK) to reimburse the buyer the amount that he spent for the object. This was instituted out of fear that people would be overly nervous that the money they spend to buy objects could go to waste (Shulchan Aruch 356:1).

However, the Rabbis realized that this is only fair if the buyer did not have reason to believe that he was buying a stolen object. However, if the seller was a known thief (ibid.:2)and at least if the buyer knew it was a stolen object (see Rama, ad loc.) he doesn't deserve to be reimbursed.

In this case, the buyer knew he was buying a stolen object and so it is not the standard case of a sale in which the TAKANAT HASHUK was made. On the other hand, perhaps the TAKANA was a broad one, made in cases where the buyer cannot be accused of foul play, of knowingly or semi-knowingly buying a stolen object for his own benefit. In this case, the buyer's intention seems to have been reasonable. From the general approach of the poskim it appears that the more inclusive outlook on the TAKANA is correct. Thus, we believe that 3 has a right to demand the 1500 shekels that he spent on the computer from 4.

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[2] Candle by Day
G-d will not judge us on the resources we possess. He invested us amply with all kinds of resources, for good and for evil. He will judge us according to those we make natural to ourselves.
From A Candle by Day by Rabbi Shraga Silverstein

[3] CHIZUK and IDUD (for Olim & not-yet-Olim respectively)
In this week's parsha of Va'etchanan, Moshe offers a pretty depressing fore- cast. He says that the Jewish people will, a few generations down the road, betray their covenant with Hashem and be dispersed among the nations.
"There [in exile] you will serve gods, the handiwork of man, of wood and stone…"

Rashi hints at an obvious question. Why assume that because Jews are in exile they will automatically become idol- worshipers? He answers by citing Onkelos, who explains that when we are subservient to those who are idol-worshipers, then it is as if we are idol-worshipers ourselves.

In other words, when we are outside of Eretz Yisrael, we end up buying into the values of the host society and inflict spiritual damage to ourselves and families in ways we may not even be aware of.

Of course, being in Eretz Yisrael doesn't guarantee immunization against the galut mentality and it's unfortunately true that modern Israel has imported many of the worst aspects of Western culture. But that doesn't detract from the power of simply being in Eretz Yisrael.

Reb Moshe Feinstein, zt"l, notes that Moshe Rabbeinu wanted to enter Eretz Yisrael in any circumstances, even as a bird - which certainly can't fulfill the mitzvot connected to Eretz Yisrael. "We see that the very fact of being in a place of kedusha is something big," Reb Moshe says in Darash Moshe, "since Hashem sanctified this place, we must try to be there."

It's impossible to ignore the times we're living in. The so-called disengagement plan - which calls for the eviction of some 10,000 Jews from their homes, divides Israel as never before, sets a precedent for further giveaways and encourages continued Palestinian terrorism - is cause for enormous concern.

Our hope and prayer is that this Shabbat Nachamu will truly be a time of comfort and unity for Am Yisrael and that our eyes will be opened to see how all the events we are living through in this holy land are paving the way to the ultimate redemption.

Joel Rebibo , Beit El
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
A man came to R' Moshe Sofer, the Chasam Sofer, and spilled out his tale of woe.

"Rebbe, my whole life I led the prayers on the Yamim Nora'im without asking for any payment. Now, however, I've lost all my money and will have to ask for pay. Please do me a favor and put in a good word for me with the community leaders, and ask them to pay me."

R' Moshe promised to do so, but the man was still not reassured.

"Rebbe," he said, "I'm afraid that they'll refuse. Whenever I volunteered my services they praised me to the heavens. Now that I'm asking to be paid I'm afraid that they'll find fault with me."

"Listen to me," said R' Moshe. "You are a chazan, and you certainly know that there are prayers where the chazan and congregation pronounce alternate verses. I suggest that you say what you have to say: that you would like to be paid. Now the congregation may say that you aren't fit for the position. But why do you have to be the one who says what the congregation is supposed to say?"

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] CORRECTION
In last week's TT, there was a box with the statistics of what day of the week Tish'a b'Av falls.
The specifics of Tish'a b'Av on Motza'ei Shabbat - Sunday were switched. 11.5% of the time, Tish'a b'Av falls on Sunday. An additional 28% of the time, it falls on Shabbat and is postponed to Sunday.
It follows from the above, that TU b'Av falls on Shabbat 11.5% of the time. That doubles the joyous flavor of the Shabbat following Tish'a b'Av - Shabbat Nachamu and TU b'Av.
Shabbat Nachamu, by the way, is always on Shabbat. Thought you would like that statistic.
On another matter...
There are different customs, but the following seems to be the prevalent one.
When we benched Rosh Chodesh, this month, we called the month MENACHEM AV. Then, for the first 9 and a half days of the month, we called it AV. From after halachic noon of the 10th of Av, the month is referred to as MENACHEM AV.
This should be seen as more than word- play. Although "when Av enters, we curtail joy", after Tish'a b'Av, the mode and mood of "comfort" takes over. We must emerge from the feelings of despair of Aveilut HaChurban to the hopeful and prayerful anticipation of the Geula.

[6] MicroUlpan
Here's another word that most (?) people don't know because they use a Hebrew-sounding version of the English word instead. Ask your favorite native-Hebrew speaker how to say GREASE in Hebrew. Tell them, not G'REEEZ, but rather DOHAN. Using it prevents corrosion, SHI-TUCH.

[7] Parsha Points to Ponder - VA'ETCHANAN
1) Why does Moshe refer to his death in the desert in the midst of warning the people about idolatry? (see 4:21, 24)
2) Why does the Torah warn not to make an image ALL WHICH G-D COMMANDED YOU (4:23)? Did G-d ever command us to make such an image?
3) Why does the command to honor parents include the additional words AS G-D COMMANDED YOU (5:16), words not added the first time the Ten Commandments were taught?

THESE ARE THE ANSWERS
Ponder the questions first, then read here
1) The Meshech Chachma answers that among the reason why Moshe had to die in the desert was the fear that he would be treated like a deity by the future generations. His death in the desert with the rest of his generation put such thoughts to rest. Therefore, Moshe mentions this fact while warning about idolatry to show the serious steps G-D has taken to prevent any form of pagan worship.
2) Commentaries explain this verse to mean that even where G-D has commanded to make an image, like the K'RUVIM on the ark, making them for any other purpose or place is deemed as a violation of the command not to make any images.
3) The Kedushat Levi teaches that these words are the source for the ruling that one should not obey a parent's command to violate a law in the Torah. When the Ten Commandments were first taught in Parshat Yitro, the Jews did not yet have the Torah so these words were unnecessary.
Parsha Points to Ponder is prepared by Rabbi Dov Lipman of Beit Shemesh ppp@israelcenter.co.il

[8] Divrei Menachem
Va'etchanan continues Moshe's presentation of past events in such a way as to take our breath away. For in the opening words, Moshe reminds us of his so moving entreaty to G-d to grant him entry into the Land he so loved. The text describes this plea with the words, "Va'etchanan el Hashem Ba'et Ha'hi Leimor" - 'And I implored the Lord at that time saying…' (D'varim 3:23).

The commentators are quick to note that the gematria of the Hebrew term "Va'etchanan" is 515. Based on a Midrash, they say that Moshe prayed no less than 515 times for his punishment to be revoked, until the King finally pronounced, "that's enough!" But, the Midrash adds, had Moshe asked but one more time, his wish would have been granted.

Daniel Halevi Ginzburg comments that Moshe's persistence teaches us not to despair. Not surprisingly, the numerical value of 515 also matches the Hebrew word for prayer, "Tefila". So now, an examination of the above verse teaches us that from Moshe's perspective his every prayer to G-d was reckoned as if it was at "that time." Each entreaty was equally immanent.
Moshe's example gives us the strength to continue praying, even when the answer appears to be "no". For G-d has His own plan. Never- the less, perhaps this time Hashem will look beyond our 515th petition, and, as previously in our generation, He will reverse the seemingly irreversible.
Shabbat Shalom, Menachem Persoff