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The Secrets of Purim and the Return of All Lost Things

עורך ראשי

Now Purim has arrived; four weeks before Purim—this coming Thursday it will be exactly four weeks until Purim. We are approaching Purim, and the entire essence of Purim is that all the "crumbs" return, all the lost things return, as it says, "And many from among the peoples of the land became Jews" (Esther 8:17). All the lost souls return. We rule like the Shach (Rabbi Shabbatai HaKohen, zt"l), who says that there is no despair in the world at all. The Shach rules in section 358 (of Choshen Mishpat) that there is no despair in the world at all, and a person always has the right to claim his lost object.

According to the approach of the Ra'avad (Rabbi Abraham ben David, zt"l), there is no such thing as despair (ye'ush). Despair only occurs when a person does not know where the object is located. But if he knew where it was, who lost it, who found it, and in what place, despair would not apply, and the finder would be obligated to return it to him by Torah law (m'd'Oraisa). To keep it would be considered theft (gezel). Even though we say that "despair acquires" the object according to Reish Lakish, in truth, despair does not acquire it, because a person never truly despairs.

The Shach rules in section 358 that a person never despairs; he simply doesn't know where the object is located at the moment. However, despair never truly applies, and anyone who takes it commits a Torah-level theft. If he takes it with the intent to steal, even if he returns it later, he has already transgressed. If he took it thinking it was a mere gift, he has already violated the prohibitions of "Do not steal" (Leviticus 19:13), "You shall not be able to hide yourself" (Deuteronomy 22:3), and the positive commandment of "You shall surely return them" (Deuteronomy 22:1). He has already transgressed all these prohibitions. In truth, all "despair" is merely a change of place or a change of name. What truly acquires an object is a physical change, like a lamb becoming a ram or a calf becoming an ox—only a change of name/status acquires it. Despair only serves to provide a context for a change of name, but despair itself never acquires an object.

This is the concept of "intentional loss" (aveida m'daat). If one finds scattered fruit, Rabbi Yitzchak said: "A kav (a measure of volume) within four amos (cubits)." Every seven-year-old child learns the chapter "Elu Metzios" (These are the finds). Regarding a kav in four cubits, Rabbi Yitzchak spoke. The Gemara asks: If it fell by way of a fall, even a large amount should be permitted, even a ton scattered. And if it was placed there intentionally (derech hinuach), even one or two pieces—if it's clear he placed them there, like if he specifically put one orange in a corner or two close together—that is considered intentional placement. In that case, even for one or two, they must not be taken. So the Gemara says that this isn't considered a lost object at all.

The Gemara introduces a new law called "intentional loss" (aveida m'daat). Rashi explains that the owner has actually declared it ownerless (hefker). This refers to a case where, at the end of the day, the owner no longer has the strength to collect any more. He has a kav left in an area of four cubits, and having worked from six in the morning until six in the evening collecting without a break, his strength is spent. He says, "This kav in these four cubits, I declare ownerless." He explicitly states that he is making it hefker. Rashi says we are dealing here with complete ownerlessness (hefker gamur). We have three cases of intentional loss: a person who finds small flasks in the trash, small knives, or small forks. This is called intentional loss because he has abandoned them; he has made the forks and knives ownerless.

The third example of intentional loss involves a child. We are speaking of a child whose father gives him a flask for the shopkeeper to fill with oil, and gives him a pundion (a coin) worth two sela'im, saying, "Go buy oil for an issar (a smaller coin)." If a person takes this from the child, he is a thief—it's very simple. We are announcing here to everyone, publicly (b'farhesia), that whoever takes this must return it. One cannot claim that the father gave it to the child as a form of abandonment (hefker). It is not hefker; it is called "intentional loss." Even though it is an intentional loss (because there is a 90% chance the child will lose it), it is still forbidden to take it. Why is it called intentional loss? Because it will surely be lost to him; he will lose the coin, he will lose the oil, because a child lacks mature intellect (daat).

All of this hints at the matter of Purim. The flask represents the Holy Temple (Beis HaMikdash), the oil represents the oil of wisdom (Chochmah), and the coin (issar) represents the wealth that we receive on Purim. For on Purim, we receive the wealth for the entire year—the total wealth of the whole year. "When he showed the riches of his glorious kingdom and the honor of his excellent majesty" (Esther 1:4). Here we see the six Sefiros (Divine emanations), for Achashverosh ruled over all six Sefiros and drew wealth from all six Sefiros, because Vashti was included in all seven Sefiros, all seven...

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