Responsa על עבודה זרה 12:2
Maharach Or Zarua Responsa
R. Hayyim Eliezer asked his nephew the following questions:
(1) Why is it permissible to instruct a Gentile to bring willows for the festival of Tabernacles, since a Gentile is forbidden to rob, and these willows are usually robbed by him? We induce the Gentile to sin when we purchase the willows from him, and if we would refrain from buying the willows from him, he would then have no reason to rob them.
(2) Why is it necessary for one who purchased a house that was confiscated by the authorities, from a Jew, to return it to the original owner. Should this not be similiar to a case of an article that was washed away by a river, and is considered abandoned property, although the owner refuses to concede its loss?
R. Shalom answers:
(1) When a Jew purchases willows from a Gentile, the former is not guilty of abetting the Gentile to sin, as the latter would have taken these willows anyway, since he can sell them to another Gentile for other purposes such as barrel covers, etc.
(2) Unlike an article that was washed away by a river, a house that was confiscated by the authorities is irretrievable only to the original owner. Furthermore, one does not easily abandon real estate, as there is always hope for its ultimate return, through justice or other means.
(1) Why is it permissible to instruct a Gentile to bring willows for the festival of Tabernacles, since a Gentile is forbidden to rob, and these willows are usually robbed by him? We induce the Gentile to sin when we purchase the willows from him, and if we would refrain from buying the willows from him, he would then have no reason to rob them.
(2) Why is it necessary for one who purchased a house that was confiscated by the authorities, from a Jew, to return it to the original owner. Should this not be similiar to a case of an article that was washed away by a river, and is considered abandoned property, although the owner refuses to concede its loss?
R. Shalom answers:
(1) When a Jew purchases willows from a Gentile, the former is not guilty of abetting the Gentile to sin, as the latter would have taken these willows anyway, since he can sell them to another Gentile for other purposes such as barrel covers, etc.
(2) Unlike an article that was washed away by a river, a house that was confiscated by the authorities is irretrievable only to the original owner. Furthermore, one does not easily abandon real estate, as there is always hope for its ultimate return, through justice or other means.
Ask RabbiBookmarkShareCopy