Parshas Nitzavim 5784 – Intriguing Questions & Answers

Reading a Neighbor’s Newspaper Without Permission

Q: It is common, particularly in Eretz Yisroel, for apartment buildings to have multiple mailboxes at the building’s entrance, one for each resident. Some residents subscribe to a particular newspaper, placed in their mailbox each morning. Occasionally, another neighbor might take the newspaper out, read it for a few minutes, and then return it. Is this considered a form of theft, given that they did not have permission to read the newspaper?

The person asking the question emphasized that they did not request permission—for whatever reason—but reasoned that since they took the paper and returned it immediately, the owner would presumably not care, and thus it would not constitute theft.

A: The Gemara throughout numerous places in Shas states that a person’s chatzer (courtyard) only acquires objects for him when it is a “chatzer mishtameres,” a guarded courtyard. See Tosafos to Bava Metzia 26a. The Acharonim debate as to what qualifies as a chatzer mishtameres. The Makneh in Kuntrus Acharon (Choshen Mishpat 30:9) writes that a courtyard is only considered guarded if it is locked and the key is in the owner’s possession. On the other hand, the Nesivos HaMishpat (Choshen Mishpat 200:3) maintains that as long as there are surrounding walls—even if it is not locked—it is considered a guarded courtyard.

According to the Makneh, if a newspaper is placed inside a mailbox, which is an unsecured receptacle, the subscriber does not acquire the newspaper until he lifts it, since the mailbox doesn’t lock. Therefore, taking the newspaper wouldn’t technically be considered theft, as it hasn’t been formally acquired by the owner. According to the Nesivos, however, the mailbox would indeed be considered a “guarded courtyard,” meaning the newspaper belongs to the subscriber as soon as it is placed inside, and thus taking it—even temporarily—without permission would be considered theft.

Although there may be room to doubt whether a mailbox indeed has the full status of a “chatzer mishtameres” with regard to acquisitions, nevertheless, there is still reason to be stringent based on the Ketzos HaChoshen (Choshen Mishpat 200:2). The Ketzos quotes the Shitah Mekubetzes, who states that when there is “daas acheres makneh—another person transferring ownership, the chatzer does not need to be secured. Accordingly, the one distributing the newspapers transfers ownership when they deliver it. Additionally, this would also constitute a kinyan kesef, an acquisition through money, via the subscription fee. Therefore, in our case, since the distributer has transferred ownership to the subscriber, and the subscriber has paid for the newspaper, it belongs to them as soon as it is placed in their mailbox, and even taking it briefly would be considered theft.

Based on this view of the Ketzos, if we are discussing a free newspaper that isn’t acquired through payment, nor is there specific daas makneh, and the mailbox is not considered guarded, then the owner might not have formally acquired it, and reading it temporarily might not constitute theft.

It’s worth noting that some Poskim are lenient in cases where all the neighbors in the building are familiar with one another and on friendly terms. This ruling is based on the Yerushalmi (cited in Choshen Mishpat 359:1), which allows for taking something small—like a splinter of wood from a fence to clean one’s teeth—if people generally don’t care about such minor matters. The reasoning is that the item is of negligible value, and people typically aren’t particular about such things. Nevertheless, it is still considered middas chassidus to refrain from doing so. Therefore, it could be argued that reading a newspaper briefly at the mailbox has little to no financial impact on the owner, and the owners are not particular about this.

Nevertheless, in practice, it seems appropriate to be stringent in this matter, particularly in situations where there is a chance that the newspaper’s owner might care about others going through their paper before they’ve read it. It is therefore advisable to ask for permission before reading someone else’s paper. In the case of a free newspaper, however, especially when it’s lying on the ground and not in a mailbox, there may be more room for leniency.

On a related note, I wish to share a story on this topic that highlights the importance of being dan k’kaf zechus: In an apartment building in Yerushalayim, there was a quiet and unassuming man whom the neighbors frequently saw reading a newspaper by the mailboxes each morning before going to shul. This habit bothered the neighbors, as they weren’t sure if he had permission to read their newspapers—and particularly that he was doing so before davening Shacharis! After seeing this happen repeatedly, the neighbors approached him with some frustration and asked why he was reading their newspapers without permission and before prayers. The man responded innocently, saying, “I’m so sorry! I didn’t realize it was a problem. My neighbor gave me permission to read their paper every morning. You see, I go through the list of names in the refuah sheleimah section to know who to pray for in my Shmoneh Esrei.” This story serves as a reminder of the importance of judging others lekaf zechus, and not the opposite, chas v’shalom.

Telling Others About a Rav Who Does Not Rule Correctly or About a Rav Who Made a Halachic Error

Q: I was asked about a Rav who is a Talmud Chacham but when it comes to matters of halachah, does not issue proper rulings. The people around him notice this and want to inform others to stop asking him questions. Is it permissible to inform others not to consult him? Similarly, I was asked if one is allowed to tell others about a Rav who issued a halachic ruling that was clearly incorrect, or who gave a mistaken halachic ruling—such as permitting something on Shabbos against halachah, advising a brachah over a food item that would not be valid even bidieved, or ruling something as forbidden or permitted when the opposite is true.

A: Any matter that could harm a Rav or, chas v’shalom, cause him to lose his position, is extremely serious. The Chofetz Chaim in several places emphasizes the gravity of such actions and writes that it requires extreme caution. However, when a Rav is misleading the public, although it still requires caution, after consulting with great Torah leaders, including Maran Rav Chaim Kanievsky zt”l, I was guided in these types of cases that if the error is clear, or the Rav has aged and no longer issues correct rulings, there is no greater “toeles” than informing others in a constructive way why they should no longer seek guidance from that Rav, or how the Rav erred in a clear matter.

However, it must be emphasized to the person that this is only being done “l’toeles,” and one must not, chas v’shalom, disrespect the Rav. Even if he made a mistake in halacha, it does not mean he is ignorant, but rather he may have forgotten or erred in calculation. Therefore, while it is permitted to correct the mistake or warn others, one must not, under any circumstances, degrade the Rav’s honor.

The basis for permitting this may be found in the Shach (Choshen Mishpat 19:1), who cites the Mahar”a Stein and the Bach that included in the prohibition of lashon hara, would be to tell someone, “The judge ruled against you improperly.” According to this, one might think that if a Rav ruled incorrectly, it would similarly fall under lashon hara. However, the Shach makes it clear that this concern is the potential for the litigant to hate the judge for causing him financial harm. In our case, where it is a clear halachic error and there is no fear of causing hatred towards the Rav, there is no problem if there is a benefit in correcting the ruling or preventing people from relying on a Rav who can no longer remember or see well.

Furthermore, the Acharonim (Choshen Mishpat §19) are discussing a scenario where a judge erred in a clear law rather than a matter of judgment, whether it is permitted to tell others. This is not comparable to our case because the Acharonim were discussing monetary laws, while in our situation, the questions are about other matters of halachah—such as Shabbos, brachos, and so on—and thus there is no cause for concern. Especially if one speaks gently and without the intention of shaming the Rav, it is permissible to tell others if asked about a Rav’s reliability when it is clear that he has aged. Or alternatively, if a young Rav has made a mistake in a clear halachic matter, it may be necessary to publicize the mistake to prevent a michshol to others, even without first asking the Rav, as someone may hear or read the mistaken ruling, and it requires correction.

Clarification Regarding Last Week’s Question: Whether A Soldier Fighting in Gaza with a 2 Day Break on Rosh Hashanah: Is He Permitted to Return Home

We previously addressed whether a soldier may drive home on the second day of Rosh Hashanah to rest and refresh before returning to combat. To this end, we cited numerous halachic sources emphasizing the importance of a soldier refreshing himself and maintaining his strength, and other points, which are general considerations in regards to common questions in Hilchos Shabbos, and therefore mentioned some Poskim who permitted him to do so.

It should be clarified that this was not meant as a blanket ruling, but rather a decision based on the specific circumstances of this case. In this case, the soldier expressed that this break was essential for him to continue fighting at his best, and he didn’t have another option to stop in the middle of his combat duty. In light of all the above considerations, some leading Poskim were lenient. However, one should never infer from here to permit other questions of Chilul Shabbos, even the above question could be given over with different details and ramifications, each situation must be evaluated individually to determine if the above leniencies apply.

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