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Hefker
''Hefker'' () is ownerless property under rabbinic law. While some property is intrinsically ownerless, ordinary property can be made ownerless by the formal renunciation of its owner or by judicial action (as shown in ''Gittin'' 36b). Even absent such an action, property will become ownerless if the owner was a convert to Judaism who dies without Jewish heirs (as seen in ''Bava Batra'' 149a). ''Hefker'' re-emerged in the early 20th century as a symbol in European Hebrew and Yiddish literature. Types of ''hefker'' Intrinsic hefker One kind of property such as seas, rivers, and deserts, appears to be intrinsically ownerless and thus gets categorized as ''hefḳer''. Similarly, ''hefker'' includes the trees of the forest, fish in the sea, and birds of the wilderness. This legal presupposition can be seen in the Jewish law code Shulchan Aruch (Ḥoshen Mishpaṭ, 273–274, with the gloss by Moses Isserles). This natural ownerless quality is reflected in a ''sugya'' (passage) fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hefker Beth-din Hefker
''Hefker beth-din hefker'' (alternative spelling: ''hefker beit din hefker''; ), "that which is declared by a court Hefker, ownerless property (''hefker'') is forthwith accounted ownerless property", is a principle in Halacha, Jewish religious law that stipulates the right of a Jewish court of law in what regards ''Ius in re, jus in re aliena'' (lit. "right to another person's property"). The principle is derived from an episode in the Book of Ezra, where Ezra the Scribe commanded the Jewish people to return to their former country, threatening to confiscate the property of anyone who refuses to go-up to the Land of Israel, after having lived in exile. The principle appears in the Talmud, being derived from the Mishnah, as well as from the Hebrew Bible, according to which a court may transfer property from its owners without legal or formal justification, as it deems fit. Whosoever will not come within three days, according to the counsel of the princes and the elders, all his pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |