Barry Epstein asked:
Rashi- If the honey stands to be lost, it is even hefker while inside the barrel. Rambam-it is only hefker after it spills onto the ground Halachah?
Barry Epstein, Dallas, USA
The Kollel replies:
The Shulchan Aruch (Choshen Mishpat 264:5) records the Halachah of the Rambam while the Rema (ibid.) cites the alternate ruling of Rashi. In addition, the Rema compares this case to a case in which a fire has broken out and the owner is not here to save his possessions which, according to Rashi, is also a case of Hefker. However, see the Pischei Teshuvah who cites sources that there is now an enactment to return such property to its original owner to comply with common law which requires returning such property.
D. Zupnik