Showing posts with label יאוש. Show all posts
Showing posts with label יאוש. Show all posts

Sunday, May 17, 2009

BAM 21 - Figs, olives, and carob

The Gemara says that when a fig falls it gets disgusting, and therefore the owner will give up hope on it. However, the indication is that this would not be true in regards to olives and carob. What's the difference between them?

So, living in Eretz Yisrael, I am fortunate, בע"ה to have an olive tree in my backyard, and carob trees running along my street, so experience shows that olives and carob are both the types of fruit that are quite hard when they fall off the tree. That being the case, it is unlikely that they will get ruined when they fall. Figs, on the other hand, will fall off the tree when they are soft and ripe, and thus become easily ruined.

BAM 21 - What is Ye'ush?

Normally we think of Ye'ush as a person giving up hope on his object. This understanding leads us to a very significant problem. How can we have a "Ye'ush shelo mida'as" - a 'giving up hope' without knowing? If Ye'ush involves an active thought on the part of the owner of the object, we would have an oxymoron.

נראה לי בע"ה that Ye'ush actually means a dissociation between an owner and his object. But I believe there are two levels of dissociation. One is as regards the object itself (חפצא), and one is in regards to how the owner himself views the object (גברא). When we talk about the dissociation from the view of the object (so to speak), we refer to it as Ye'ush. When we talk about the disconnection from the view of the owner, we talk about his da'as.

When we have both factors together, the halacha is clear cut. If it has no sign, we have the dissociation from the object's 'perspective' (ye'ush). If we also have his awareness (da'as) that he has lost it, he gives up hope and the object completely leaves his possession. It would then be permitted to keep it. On the other hand, if it has a sign, it remains attached to him (no Ye'ush), and when he realizes he lost it, he does not give up hope (his da'as is to keep it), so it must be returned.

Ye'ush shelo mida'as is where we have one dissociating factor, from the perspective of the object - it is lost and has no sign. But the second dissociating factor, which is the owner's awareness of his loss, is missing.

According to Abaye, this object is not disconnected completely from its owner, and therefore it would be forbidden to take it. According to Rava, the fact that we know he will dissociate from it as soon as he finds out gives us the liberty to say that there is already a complete disconnection even now, since we already have a disconnection from the perspective of the object itself.