Timeline for Field owned by nobody?
Current License: CC BY-SA 3.0
12 events
| when toggle format | what | by | license | comment | |
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| Oct 29, 2017 at 17:18 | comment | added | Heshy | @Loewian that's not obvious to me. As far as I remember it's always mentioned in the Torah from the point of view of the original owner (e.g. תשבו איש אל אחזתו). Maybe when there's no original owner yovel doesn't do anything. | |
| Oct 27, 2017 at 1:41 | comment | added | Loewian | If it's min hatorah, there should be no distinction between an ezrach and a ger, which should mean it should revert to hefker if the ger has no yorshim. So too if it is miderabanan assuming they only made the one takana for the sake of the marriage and didn't explicitly make a caveat for the case at hand (milsa d'lo shekhicha) | |
| Oct 26, 2017 at 21:06 | comment | added | Heshy | @Loewian I agree with everything you said, but that doesn't answer the question of what happens in yovel when there are no heirs. | |
| Oct 26, 2017 at 19:41 | comment | added | Loewian | According to those who hold yerushath habaal is min hatorah, it doesn't seem to make much sense that it would be any different than mitaltelin and should be hefker. His in-laws are not his yorshim, and that's part of the chidush of yerushath habaal. Even according to those who hold yerushath habaal is only miderabanan, it sounds like they were oker the din torah entirely, and it should belong to his heirs (not hers) in prepetuity. For example, even if he died with children (e.g. from another marriage) the same should apply. | |
| Oct 26, 2017 at 15:31 | history | tweeted | twitter.com/StackJudaism/status/923572782948147200 | ||
| Oct 26, 2017 at 14:45 | history | edited | Heshy | CC BY-SA 3.0 |
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| Oct 26, 2017 at 14:35 | comment | added | Heshy | @DannySchoemann plus even when Yovel is operational, most of the time a ger will only own sdei mikneh, the case I'm interested in is when he inherited sdei achuza. | |
| Oct 26, 2017 at 14:09 | comment | added | Heshy | @DannySchoemann I guess your "Nope" refers to the discussion of land there? But it still doesn't mention Yovel, he's talking בזמן הזה. | |
| Oct 26, 2017 at 13:24 | comment | added | Danny Schoemann | Nope. See סימן ערה - דין הזוכה בנכסי גר שנתגיר ומת בלא יורשין - toratemetfreeware.com/online/… - that it's mainly (or also?) about property. | |
| Oct 26, 2017 at 13:10 | comment | added | Heshy | @DannySchoemann The classic case is usually discussed with metaltelin (or the slaves discussion in kiddushin with Rav Mari). That's an easier case to contract because the ger can just buy them and they belong to him forever, you don't need him to inherit from his wife. I don't remember seeing it with land that belongs to him as a sdei achuza. I'm sure it becomes hefker initially, but my question is at yovel. | |
| Oct 26, 2017 at 13:05 | comment | added | Danny Schoemann | Sounds like the classic case of a Ger passing away w/o heirs - his property is hefker and "first come first serve". Your scenario explains nicely how come he owns property. (Though there is a machlokes in a Mishna if inherited property reverts to the family in Yovel, but I think we pasken that it doesn't.) No time for sourcing it now. | |
| Oct 26, 2017 at 13:01 | history | asked | Heshy | CC BY-SA 3.0 |