Dovid looked at his bookcase. “I have no room left for new sefarim!” he said, shaking his head. “I’ve got to free up some space.”

Over the weekend, Dovid selected all the doubles and old sefarim he did not use and brought them to his yeshivah. He put them in his classroom with a note: “Hefker” (ownerless), and told his friends that the sefarim were hefker and could be taken. During the course of the week, most of the sefarim were taken. An old Chumash remained, one that Dovid had received many years before from his grandparents.

Toward the end of the week, Dovid had a change of heart. “I want to keep the Chumash from my grandparents,” he said to his chavrusa. “I’d like to go get it now from the room.”

“There’s a shiur going on,” said his chavrusa. “You’ll have to wait until it finishes.”

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

When the shiur finished, Dovid went to get the Chumash. Eli was exiting the room — carrying the Chumash!

“Excuse me, but that Chumash is mine,” said Dovid.

“What do you mean?” asked Eli, bewildered. “There was a sign that it was hefker.”

“That is true,” said Dovid. “I meant to give it away but just recanted.”

“You can’t recant now,” said Eli. “The Chumash is already mine.”

“I didn’t recant now,” said Dovid. “I have witnesses that I retracted my hefker half an hour ago but didn’t want to disturb the shiur.”

“Does that help?” asked Eli. “Once you renounced ownership, that’s it!”

“If I made the sefarim hefker verbally, why can’t I undo the hefker verbally?” responded Dovid. “You hadn’t taken the Chumash yet when I decided that I still wanted it, so I have first claim.”

“I’m happy to give the Chumash back,” said Eli, “but I don’t think that you’re right. Let’s ask Rabbi Dayan!”

Dovid and Eli went over to Rabbi Dayan. “I made my Chumash hefker at the beginning of the week, but recanted before Eli took it,” Dovid said. “Does he have to return it or is it his?”

“When a person makes something hefker, he cannot undo his hefker verbally,” answered Rabbi Dayan. “He cannot prevent another person from taking the item; it already left his possession” (C.M. 273:2).

“But if no one took the Chumash yet,” asked Dovid, “why shouldn’t I be able to recant?”

“The Rambam, based on the Gemara (Nedarim 44a-b), writes that hefker is like a neder (vow) and therefore one is not allowed to recant,” explained Rabbi Dayan. “Some authorities understand, based on this wording, that the hefker item doesn’t actually leave your possession until someone takes it, but you are not allowed to recant and exclude others from taking it. However, most authorities assume that the hefker item already left your possession; you disowned it and disassociated yourself from that property” (see Ketzos Hachoshen and Miluei Choshen 273:1).

“Does it make a difference when I changed my mind?” asked Dovid. “What if I had recanted the same day?”

“It does not make a difference,” replied Rabbi Dayan. “You can only recant toch k’dei dibbur (within a second or two), as with other transactions. (Machaneh Ephraim, Zechiyah Meihefker #8). The Gemara mentions, though, that a person who made his field hefker can recant for three days, on account of a special consideration of terumah. The Rambam and Shulchan Aruch (C.M. 273:9) cite this ruling. The Sma (273:13) notes that the Rosh extends this three-day period to other hefker items as well, but clarifies elsewhere (commentary to the Tur, Drishah 273:3) that the Rosh rejects this opinion entirely and maintains that even regarding a field one cannot recant.”

“Is there any way I could recover the Chumash for myself?” asked Dovid.

“Once an item is made hefker, anyone can take it, including the person who made it hefker,” replied Rabbi Dayan. “You have to make a new kinyan (act of acquisition), just like anyone else” (C.M. 273:4).