Translation:Shulchan Aruch/Choshen Mishpat/357

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If a homeowner is not accustomed to sell his vessels, and reports of a theft emerged in the city and the owner recognized his vessels and books in the hand of others, or if the homeowner was accustomed to selling but these recognized vessels were ones that are generally loaned or rented out, and witnesses come and testify that these vessels belong to the homeowner, the party that has the vessels would swear while grasping a holy item how much he purchased them for, he would collect that amount and return the items. There are those who say that because the owner claims they were stolen, the presumption of something generally loaned or rented out is ruined because he is not making that claim, and thus we are concerned he may have sold them. If the homeowner was accustomed to sell his vessels and these were not items that are generally loaned or rented out, even if there was a rumor of a theft in the city, and his vessels were recognized, we would not have the buyers return them because he may have sold them to others. If people came and stayed in his house and he got up and yelled in the nighttime that his vessels and books were stolen, however, and people came and discovered a dug tunnel with the people staying there leaving with piles of vessels on their shoulders, and everyone says these vessels and books belong to so and so, the owner would be believed and the party with the vessels in their possession would swear while grasping a holy item how much he spent, he would collect that amount from the owner and return the vessels to him.

Paragraph 2- The law of one who enters another’s home and takes out vessels under his garment was discussed in Siman 90.

Paragraph 3- If Reuven’s vessels were stolen, misplaced or taken by bandits, and ended up in the hands of a gentile, and a Jew purchased them for less than its worth and the owner comes and makes a claim from the party that acquired them, the law is discussed in Siman 368.