Hundreds of hadasim grow in the front yards of a number of buildings in my area. These yards are common property of the tenants of the building. I would like to pick a small number of hadasim every week. Do I need to ask for permission to pick them – or can I assume that since they grow in such multitudes that no one would object. If I need to ask permission, can I place a note in the entrance to the building and ask anyone who may object – to leave a message on a voice mail. In this scenario, can I assume that everyone in the building saw the note and that the absence of any message on the voice mail would allow me to pick the hadasim.
Note: these are not meshulash hadasim and are therefore not kosher for arba minim.
Answer:
Under such circumstances, there is no obligation to ask the tenants, and it is permitted to pick hadasim. This is because it is the common custom to pick hadasim (for havdalah, and so on), and although they are commonly owned, nobody is particular about their being picked. For somebody from outside to pick them, there might be a midas chasidus not to do so (see Choshen Mishpat 359:1); for somebody who is a co-owner, it is certainly permitted.
