Kim Lei B'Derabbah Minei and KLBM Applicability to Bnei Noach

From: Rabbi Moshe Sofer

To: Rabbi Zalman Ullmann

Description

The Chasam Sofer refutes the suggestion that a burglar's acquisition via meshichah relates to KLBM, explaining that Torah-mandated theft-placement operates against the owner's will and independently of kinyan. He then reconciles Rashi and Tosfos on whether KLBM applies to Bnei Noach by distinguishing between the views of R. Yochanan and R. Yitzchak on the source of Noahide obligations, concluding that according to halacha KLBM does apply to Bnei Noach though the positive command of v'heishiv es hagezelah does not.

Source: Shu"t Chasam Sofer CM §91

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