Confiscation of an item by the yeshiva staff
Question
Shalom u’vracha.
A boy brought his parents’ toaster to the yeshiva without their permission. The yeshiva does not allow bringing toasters, so the mashgiach confiscated the toaster. Afterwards, the boy managed to take the toaster from the mashgiach’s room, but the mashgiach claims that once the toaster was brought to the yeshiva in violation of its regulations, it became hefker (ownerless). Is there any validity to his claim?
Answer
Shalom u’vracha.
Since the parents were unaware of this and did not give their permission, the boy’s action is not sufficient to render their property hefker (ownerless). Therefore, the toaster does not have the halachic status it would have had if it belonged to the boy himself.
Source
See Kesef HaKedoshim, siman 262, se’if 5, where he writes that if a woman who manages the household loses an item without her husband’s knowledge, her despair (ye’ush) over it does not remove her husband’s ownership of the property.
