Netilat Yadayim upon Waking Up and Returning Lost Objects: Difference between pages

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When one wakes up in the morning there is a mitzvah to wash one's hands 3 times with a cup. The details of when and how it should be done are described below:
The Torah commands us to return lost objects and prevent a loss to our fellow Jew. <ref>Sefer Hachinuch Mitzva 538, Rambam Sefer Hamitzvot Mitzvot Aseh Mitzva 204, Sefer Mitzvot Hakatzar of the Chofetz Chaim of mitzvot that can be fulfilled today mitzva 69 in positive mitzvot. see the second perek of Masechet Bava Metzia and Rambam Hilchot Gezela chapters 11 and onward. </ref> In general, if there’s an identifying mark of the lost object then there’s an obligation to return the object of our fellow Jew by safeguarding it, publicizing the loss of the object, and making sure that the rightful owner receives his object. Being that many of these cases involve intricate details that aren’t addressed below, in a real case, one should consult a competent rabbinic authority for guidance.
==Procedure for Washing One's Hands==
# One should wash with a cup or some sort of vessel. <ref> Shulchan Aruch 4:7, Kitzur S"A 2:4, Mishna Berura 4:15. </ref> If there is no cup, according to Ashkenazim, if one is in an extenuating circumstance and one wants to pray, one may wash without a cup, with a bracha, however, according to Sephardim, if one washes without a cup, such as if one washes directly from the faucet, one shouldn't make a beracha. <ref> Kitzur S"A 2:6 writes that in an extenuating circumstance when there's no cup available and one wants to pray one should wash without a cup with a bracha. However, Rav Mordechai Eliyahu (comments on Kitzur S"A 2:9) writes that if one washes without a cup one shouldn't make the bracha. Halacha Berura 4:12 also writes that if one washes from the faucet one shouldn't make the bracha.</ref>
==Torah Obligation==
# One should wash up to one's wrists. If there's not enough water, it is sufficient to wash up to one's major knuckles (where the finger connects to the hand). <ref> Mishna Brurah 4:9 writes that one should wash up to one's wrists and if there's not enough water, it is sufficient to wash up to one's knuckles. Kitzur S"A 2:3 agrees. Ben Ish Chai (Parashat Toldot #2) writes that one must wash until one's wrists except for on [[Yom Kippur]] and [[Tisha BeAv]] when it is sufficient to wash up to one's knuckles. </ref>
===Returning Lost Objects===
# One should wash one's right hand first, then one's left, and repeat this process two more times so that one washes each hand 3 times. Some say one should wash each hand 4 times. <ref>Mishna Brurah 4:9</ref>
# When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object.<ref>Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh", Halachos of Other People's Money pg. 141</ref> and also loses the positive commandment, "Pick up and return lost objects."  <ref>Devarim 22:3, Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh"<br> The Nimukei Yosef also cites the opinion fo the Ramban that one is only in violation of the aseh to return if he picked up the object.
# Before pouring the water the filled vessel should be picked up with the right hand and passed to the left hand. <ref> Ben Ish Hai, Toledot, Halacha 1; Kaf HaChaim 4:12 </ref>
The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Tuchal Lehitalem. However, the Sma 259:1 holds that there’s only a violation of Lo Tuchal Lehitalem for overlooking a lost object. </ref> If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it.<ref>S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol </ref>
# Even a lefty should begin to wash his right hand first.<Ref>Kaf HaChaim 4:35, Artzot HaChaim 4:10, Halacha Brurah 4:22</ref>
# There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref>Shulchan Aruch 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. Shulchan Aruch C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref>
# One may not derive benefit from the water that one washed one's hands with.<Ref>Kitzur S"A 2:4</ref>
===Preventing Loss to Others===


==When should one wash one's hands?==
#The Mitzvah to return someone’s object includes a command to prevent or minimize someone’s loss. <ref>Halachos of Others People’s Money by Rav Bodner, pg. 142 based on S”A 259:9</ref>
# One should wash one's hands immediately after one's recitation of Mode/Moda Ani. <ref> S"A 4:1 </ref>
#For example, Rav Moshe Feinstein writes that helping another Jew contest zoning issues that are hurting the value of their property.<ref>Shu"t Igrot Moshe CM 2:22, cited by Halachos of Others People’s Money pg. 142</ref>
# According to Ashkenazim, if one needs to go to the bathroom upon [[waking up]] and after going to the bathroom one will be ready for [[davening]], one should wash without a bracha upon [[waking up]] and after having gone to the bathroom wash again with the bracha of Al [[Netilat Yadayim]]. <ref> Magan Avraham 4:1 quotes the Ketavim as saying that one should wash with the bracha and then go to the bathroom, however, the Magen Avraham writes that he feels that  it's preferable to wash with after going to the bathroom. He adds that if one needs to go to the bathroom, then it's forbidden to wash with a bracha before going to the bathroom. The Kitzur S"A 2:7 and Mishna Brurah 4:4 agree with the Magen Avraham that one should wash with a bracha after going to the bathroom, but they add that one should also wash without a bracha before going to the bathroom. </ref>
#If one sees water causing damage to another person's property, he is obligated to prevent further loss.<ref>Shulchan Aruch 259:9, Halachos of Others People’s Money pg. 142</ref> However, if the owner is aware of what is happening and chooses not to address it, you would not be obligated to minimize his loss.<ref>Halachos of Others People’s Money pg. 142</ref>
# According to Ashkenazim, if after having gone to the bathroom one will still not be ready for [[davening]] and will have to go to the bathroom another time before [[davening]] (as is common when one wakes up a long time before [[davening]]), according to Ashkenazim, one should wash without a bracha upon [[waking up]], wash a second time without a bracha after having gone to the bathroom the first time, and then wash a third time with a bracha of Al [[Netilat Yadayim]] when one is ready for [[davening]] after having gone to the bathroom a second time. Some say that one doesn't need to wash before going to the bathroom and also that after having gone to the bathroom one should wash without a cup and without the bracha, and then when one is ready for [[davening]] one should wash again using a cup and make the bracha. <ref>
* If one is not going to be ready for [[davening]] after having gone to the bathroom the first time, the Biur Halacha (4:1 s.v. Afliu) presents two opinions about when it is preferable to wash one's hands with the bracha of Al [[Netilat Yadayim]]. The Chaye Adam holds that it's preferable to wash without a bracha upon [[waking up]] and when one's ready for [[davening]] to wash again with the bracha, while the Shaarei Teshuva holds that one should wash with the bracha after going to the bathroom even if one isn't totally ready for [[davening]]. The Biur Halacha rules like the Chaye Adam that upon [[waking up]] one should wash without a bracha and when one is ready for [[davening]] to wash again with the bracha.
* Rav Shlomo Zalman (quoted in Halichot Shlomo ([[Tefilla]] 2:23, pg 23)) rules like the Chaye Adam and states when one is washing one's hands after having gone to the bathroom in the morning if one knows that one will need to go to the bathroom again before [[Davening]], the first time one should wash without a bracha and after going to the bathroom the second time when one is ready for [[davening]] one should wash with the bracha.
* Rav Mordechai Willig in Am Mordechai ([[Brachot]], Siman 11, pg 45-8) writes that one should go to the bathroom, wash without a cup, and then when one is ready for [[davening]] wash again with a cup and make the bracha of Al [[Netilat Yadayim]]. </ref>  
# According to Sephardim, one may get dressed, go to the bathroom, and then wash and make the bracha of [[Al Netilat Yadayim]]. However, it's preferable upon [[waking up]] to wash without a bracha and then after having gone to the bathroom to wash again with a Bracha unless one has an urgent need to go to the bathroom in which case one should go to the bathroom before washing one's hands. <Ref> Yalkut Yosef (vol 1, pg 384). Rav Ovadia Yosef in Halichot Olam (v. 1, p. 32) disagrees with the Ben Ish Chai (Toldot #6) who says that one shouldn't touch one's clothes before [[Netilat Yadayim]]. This is quoted by [https://www.dailyhalacha.com/Display.asp?PageIndex=119&ClipID=1521 Rabbi Mansour on dailyhalacha.com]. Halacha Brurah 4:4 writes that if one needs to go to the bathroom one should first go to the bathroom and then wash one's hands with a Bracha of Al [[Netilat Yadayim]]. However, some are strict to wash twice, once before going to the bathroom and once afterward and only make the bracha the second time. If the need to go to the bathroom is urgent then certainly one should go to the bathroom and only wash afterwards. </ref>


==What is permissible before washing hands?==
==Who is Obligated?==
# It is permissible to say [[Modeh Ani]] before washing hands. <ref> Mishna Brurah 1:8, Kitzur S"A 1:2, Shulchan Aruch HaRav 1:6 </ref>
#Men and women alike are obligated in the mitzva of Hashavat Aveda.<ref>Sefer Hachinuch Mitzva 538 based on Gemara Kiddushin 34a, Halachos of Other People's Money pg. 138</ref>
# It's not permissible to learn or even think Torah before washing one's hands. <ref> Mishna Brurah 1:8, Shulchan Aruch HaRav 1:6 </ref>
# One should wash one's hands before walking 4 [[amot]]. <ref> Mishna Brurah 1:1, Kitzur S"A 2:1. See also Piskei Teshuvot 1:7 who writes that the minhag is that one should wash one's hands even before putting one's feet on the ground. </ref> However some are lenient in this regard. <ref> BeYitzchak Yikrah 1:2 comments that the tradition from the Gra that the Ruach Rah on hands was nullified with the death of Rabbi Avraham the Ger applies only to laws of the Zohar and not the Talmud Bavli and since this law is sourced in the Zohar, there is what to be lenient. </ref>
# If the water if further than 4 [[Amot]] some say that it's better to walk less than 4 [[amot]] at a time while others say it's better to go there quickly if it's still in the same house. <ref> Mishna Brurah 1:2 </ref>
# It’s permitted to get dressed prior to washing one’s hands. <Ref> Yalkut Yosef (vol 1 pg 7), Sh”t Yabia Omer 5:1, Sh”t Otzrot Yosef 1:1 </ref>
# One shouldn't touch any foods before washing his hands. If he did unintentionally, the food should be washed three times. If this is impossible, one should preferably refrain from eating it. If necessary though, one can eat it without washing it. <ref> Yabia Omer 4:1, Otzrot Yosef 1:10 </ref>


==Walking 4 [[amot]] prior to [[Netilat Yadayim]]==
===If it’s not Befitting to Return a Lost Object===
# It's preferable that one is strict not to walk more than 4 [[amot]] prior to [[Netilat Yadayim]]. <ref>The Tolat Yacov (Seder [[Netilat Yadayim]]) quotes the Zohar saying that it’s forbidden to walk 4 [[amot]] prior to washing [[Netilat Yadayim]]. (1) The Bach (beginning of 4) writes that S”A didn’t quote the Zohar because many people wouldn’t be able to fulfill the law. Sh”t Shevut Yacov 3:1 defends the minhag by saying that either the entire law of the Zohar isn’t applicable since the Talmud Balvi argues on it, or that the entire house is considered within 4 [[amot]]. The Eliyah Rabba 1:4 argues on the Shevut Yacov but defends the minhag by saying that perhaps the law doesn’t apply nowadays. So writes the Lechem Mishna (Shevitat Esor 3:12) and Yam Shel Shlomo (Chullin 31). (2) On the other hand, the Chida (Birkei Yosef 1:1) writes that it’s a serious halacha, most are strict about it, and if the water is far away one should walk less than 4 [[amot]] at a time to get the water.  So writes the Shalmei Tzibbur 18c, Chesed LeAlaphim 4:12, Ruach Chaim 4:1, and Petach Dvir 4:1. However, the Shaarei Teshuva 1:2 and Siddur Bet Ovad 6:3 argue that if the water is far away one should rush to get to the water as soon as one can. (3) In conclusion, Sh”t Otzrot Yosef 1:2 writes in name of Rav Ovadyah Yosef that in cases of need one may rely on the lenient opinions especially if one went to sleep after [[chatzot]]. So too, Mishna Brurah 1:2 writes that one may rely on the Shevut Yacov (that a house is like 4 [[amot]]) in cases of great need. </ref>
# For a respected or elderly individual, if it’s not befitting to pick up and return a lost object then one is exempt from the mitzvah and doesn’t have to pick up the object. <ref>S”A C”M 263:1 based on Mishna Baba Metzia 29b and Gemara 30a, Aruch Hashulchan 263:1, Halachos of Other People's Money pg. 157. see there note 69 where he quotes Shulchan Aruch Harav CM Hilchot Metzia Seif 36 that even it isn't specifically an exemption for a talmid chacham but includes someone distinguished for other reasons such as wealth, family or any other reason. He adds though that this exemption would not exist for someone who only feels distinguished because of an inflated ego. </ref> If he can wait there without compromising his dignity until someone else comes to pick it up and return it, he must do so.<ref>Halachos of Other People's Money pg. 157-158</ref>
#The general rule is that if the individual would not have picked his own item in such a situation, then he is exempt. <ref>S”A C”M 263:1 based Rava's comment on Baba Metzia 30b, Halachos of Other People's Money pg. 158</ref> However, had one picked up one’s own item because it’s not worth the trouble (and not because it’s beneath one’s dignity), one is still obligated in the mitzvah. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 158), S”A HaRav (Hilchot Metziah #37) </ref>
#In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. <ref>S”A C”M 263:2 </ref>
#Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref> However, some argue that a Talmid Chacham may not go beyond the letter of the law at the expense of the kavod for his Torah.<ref>Rama 263:3 argues on Shulchan Aruch and says that one may not return the item if it is beneath his dignity. Instead, if he wants to be strict he can pay out of his own pocket. Aruch Hashulchan 263:4 explains that the Rama's comment is only regarding a talmid chacham, whose dignity stems from the Torah he has acquired. People who are distinguished for other reasons, may be strict and go beyond the letter of the law to return an object. </ref>
#A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref>


==When does one need to wash hands?==
==Being Compensated==
# Before [[Shacharit]] or [[Mincha]] (specifically the [[Shemoneh Esrei]]) one should wash hands if one had a long interruption between the original washing upon rising. <ref> S"A 92:5 writes that if there was an interruption between the washing upon rising in the morning and praying, one should wash hands if water is available. This is brought down in Yalkut Yosef (Tefilah pg 330). </ref> If water isn't available one doesn't need to wash one's hands, but only to rub it upon something hard. <ref> Mishna Brurah 92:26 writes that since one can't find water for Stam hands one doesn't need to wash them, but only to rub them against something that can clean them. </ref>
# One may not charge for returning a lost object to its owner, even if returning it takes times and effort.<ref> Rosh Baba Metzia 2:28, Tosafot Baba Metzia 31b s.v. "Im", Tur and Shulchan Aruch C.M. 265:1, Halachos of Other People's Money pg. 181 </ref> However, if the owner understands that he doesn't have to pay but offers compensation as a token of appreciation, the finder may accept it.<ref> Halachos of Other People's Money pg. 182, Shu"T Teshuvot Vehanhagot 3:463 </ref>
# If one actually touched a unclean part of the body or went to the bathroom, one must search and find water to wash hands for [[Shemoneh Esrei]]. <ref> Mishna Brurah 92:27 writes that only if one has Stam hands S"A is lenient that one doesn't have to search for water if it isn't around, however if there is a certain impurity such as if one touched an unclean area or went to the bathroom, one certainly must wash hands. Kaf Hachayim 4:86 writes that if he's in the middle of the shemoneh esrei and he realized that he touched something that would obligate him to wash, he should just wipe his hands on "midi diminakei" such as his clothes, wood, or stone. </ref>
# The finder is not required to lose money in order to return another person's item.<ref>Halachos of Other People's Money pg. 182</ref> This includes foregoing saving his own item<ref>The Mishna on Baba Metzia 33a states that his own lost item takes precedence over someone else's. This is codified by Shulchan Aruch C.M. 264:1. However, see Halachos of Other People's Money pg. 182 (based on Shulchan Aruch Harav Hilchot Metzia 33 that if the other person's item is worth more than his, and he feels certain that his friend will reimburse him for the loss he would incur in order to save that item, he is not permitted to save his own at the expense of his friend's.</ref>, incurring expenses of his own<ref>Halachos of Other People's Money pg. 183 based on Sma 264:1. However, he adds (based on SA Harav Hilchot Metzia 33) that if the finder feels certain that he will be reimbursed by the loser, he should spend the money.</ref>, losing wages<ref>Halachos of Other People's Money pg. 183, Shulchan Aruch Harav Hilchot Metzia 33. see there note i-j where he adds based on Rav Moshe Feinstein that even if he will not lose any salary but his employer objects to his taking the time, he is exempt from the mitzva during work hours. If he can pick it up and return it after work hours, he must do so.</ref>, losing potential profit.<ref>Halachos of Other People's Money pg. 182. see however pg. 184-185 where he quotes the Shulchan Aruch Choshen Mishpat 264:1 who advises, based on Baba Metzia 31a, that one should not refrain from the mitzva because of potential loss of profits, except in cases where a loss is almost certain because otherwise one will always be able to claim exemption because of potential loss of profit. </ref>
# However, just to say [[Brachot]], [[Kriyat Shema]], or learn Torah one doesn't need to wash hands. <ref> Mishna Brurah 92:25 writes that implied from S"A is that only does [[Shemoneh Esrei]] need clean hands but for [[learning Torah]], [[Kriyat Shema]] or [[Brachot]] stam (they are in doubt, they aren't certainly clean or unclean) are sufficient. However, Mishna Brurah also quotes the Pri Megadim 4 writes that [[Kriyat Shema]] does need washed hands. </ref>
# If someone slept in a bed during the day, he should wash [[netilat yadayim]] without a beracha. <ref> Halacha Berura 4:47 </ref>


==Someone who stayed up all night==
==Where was it Found?==
# If one slept less than 30 minutes <ref> Kitzur S”A 2:8, Dinei Nieyor Kol HaLaylah (pg 42) in name of Rav Chaim Kanievsky </ref> or slept in a temporary fashion (putting one’s head on the table, <ref>Ishei Yisrael 2:33 note 110, Piskei Teshuvot </ref>, or on a couch or chair) <ref> Halacha Berura 4:47 </ref> in the morning, one should wash without a Bracha. <Ref> Mishna Brurah 4:27, Ishei Yisrael 2:33, Birkei Yosef 4:5 </ref>
# If one would attempt to return an item that was placed there intentionally, one could be hurting the owner rather than helping. If it is an item that has no simanim, then he won't be able to retrieve it, and even if it has simanim, it could be he wanted it there and now will have to chase you to get it back.<ref>Shulchan Aruch 260:9, Halachos of Others People’s Money pg. 144</ref> Therefore, if an item seems to have fallen, it is obviously a lost item. On the other hand, it if seems to have been placed or hidden, it might not be considered lost.<ref>Halachos of Others People’s Money by Rav Bodner, pg. 144</ref> Therefore, this would depend on where it is found. see the following halachot:
# If one woke up and has in mind to go back to sleep, should wash without a Bracha and then when one wakes up the second time one should wash with a Bracha. <Ref> Piskei Teshuvot 1:6 writes that it’s preferable to wash when one wakes up the first time, however, it’s clear one doesn’t make a Bracha since one’s not ready to daven as in Buir Halacha 4:1 D”H Afilu. Halichot Shlomo ([[Tefillah]] pg 170) agrees. </ref>
#If the object was found in a safe protected place, it can be assumed that the item was placed there by its owner and so the object is not considered lost and should not be touched.<ref>Rama 260:10 based on Baba Metzia 25b, Halachos of Others People’s Money pg. 145</ref> If one by accident picked it up, one should return it right away, but if one has left the area one may not return it but rather one must return the object. <ref>Rama and S”A C”M 260:9-10, Halachos of Others People’s Money pg. 145</ref> For example, if one found a key under a mat or a book on top of a public telephone booth, one shouldn’t pick up the object. <ref>Halachos of Others People’s Money pg. 146</ref>
# If one woke up in the middle of the night and wants to take a drink, he should preferably wash his hands first, but if this is too difficult he can just wipe his hands on a blanket and then take the drink. <ref> Or Litzion 2:1:8 </ref>
#If an item is found in a unsafe place, the item is considered a lost object, even if it was clearly placed their intentionally.<ref>Halachos of Others People’s Money pg. 146 based on Rama 260:10</ref> For example, a book on a public bus station bench. <ref>Halachos of Others People’s Money pg. 146</ref>
# If one woke up after [[Chatzot]], if one still needs to go to the bathroom before [[davening]], one shouldn’t make the Bracha of Al [[Netilat Yadayim]] until after one went to the bathroom and then it should be said together with [[Brachot HaShachar]], however, if one knows that one doesn’t need to go to the bathroom before [[Davening]], one should make the Bracha of [[Netilat Yadayim]] as close as possible to [[waking up]]. <Ref> Biur Halacha 4:1 D”H Afilu as ruling like the Chaye Adam, Ishei Yisrael 2:31, Dinei Nieyor Kol HaLaylah (pg 42), Halichot Olam 2:23, See Piskei Teshuvot 4:2 who writes that one can go like the Chaye Adam or like the Mekubalim </ref>  
#If an item is found in a semi-safe place, if the item has a siman then the item is considered a lost object. An example is a sweater draped over a park railing in a remote area of the park. <ref>Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 147-8) </ref>
# If one washed with a Bracha before [[Olot HaShachar]], one should wash again at Olot without a Bracha. <Ref> S”A 4:14, Mishna Brurah 4:31, Ishei Yisrael 2:31 </ref>
#If the object is found in a place where it is irretrievable, such as if someone fell into the ocean, it’s assumed that the owner forfeited ownership and it is permissible to take and keep it. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 154-5) </ref>
# If one wakes up before [[Chatzot]], one should wash without a Bracha, and then after Olot Hashachar one should dirty one’s hands (by touching a or by going to the bathroom) and then wash with a Bracha. <Ref>Buir Halacha 4:13 D”H Kol, Ishei Yisrael 2:32, Dinei Nieyor Kol HaLaylah (pg 41) </ref>
# If one stayed up all night, one should wash in the morning without a bracha. <ref>{{Ibid}}. The Shulchan Aruch (4:13) writes that there is a doubt whether one makes a Bracha on [[Netilat Yadayim]] on the morning after staying up all night. Similairly, the Rama (ibid) comments that one should do [[netilat Yadayim]] without a Bracha.
* The source of the Shulchan Aruch's doubt is the dispute for doing [[Netilat Yadayim]] in the morning. The Rosh ([[Brachot]] 9:23) says because one's hands are "עסקניות" (literally busy) and they may have touched an unclean part of the body during one's sleep, it's an obligation to do [[Netilat Yadayim]] in the morning. As a support to his view that we wash our hands for cleanliness before [[prayer]] he quotes the pasuk from Tehilim (26:6) "אֶרְחַץ בְּנִקָּיוֹן כַּפָּי ". On the other hand, the Rashba (Teshuvat HaRashba 1:191) argues on the Rosh claiming that there is no source for the idea of the Rosh. Rather the reason is that we are purifying our hands for the whole day (theoretically even to cover washing before bread) and the reason that we do it specifically before [[Shacharit]] is that when we wake up in the morning it's as if we are created anew as it says in Eicha (3:23) חֲדָשִׁים לַבְּקָרִים רַבָּה אֱמוּנָתֶךָ.
* A practical difference (explained by the Bet Yosef (4:13)) that emerges from the dispute is a case of a person that didn't go to sleep at night. According to the Rosh, since one didn't go to sleep there is no doubt that a person would have touched an unclean area and so, there's no need for [[Netilat Yadayim]]. On the other hand, the Rashba holds that since we are created new everyday we need [[Netilat Yadayim]] even if one didn't go to sleep that night. Another concern that compounds the doubt of the Shulchan Aruch is the aspect of רוח רעה that is mentioned by the Tur (4:1) and so, even according to the Rosh one should still need to do [[Netilat Yadayim]]. Nonetheless based on a quote from the Zohar (Vayishlach 169b), the Bet Yosef (ibid) argues that the issue of רוח רעה only applies to the nighttime.
* Rav Ovadiah(Chazon Ovadiah, [[Shavuot]], note 25) mentions that even though the Maharsham (3:126) holds that one even makes a bracha on [[Netilat Yadayim]] of [[Birkat Cohanim]] and going to the bathroom; nevertheless, we don't hold like the Maharsham in this Halacha, says Rav Ovadiah Yosef.
* The Mishna Brurah(4:27) adds that if one indeed went to sleep a שינת קבע (a substantial sleep) on his bed, then one makes [[netilat Yadayim]] with a Bracha.
</ref>


==When to make the bracha==
===Cannot be Retrieved===
# The minhag is to make the Bracha of Al Netilat Yadiyim between washing and drying one’s hands. <Ref> S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah. Therefore concludes S”A the practice is to rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. However, Mishna Brurah 158:41 writes that the minhag of the world is to make the Bracha after washing but before drying like the Rama writes is permissible. </ref>
#If the item falls into a place where it will not under normal circumstances be recovered (such as lost in the ocean), it becomes hefker. Someone who finds it would be allowed to keep it.<ref>Baba Metzia 22a, Shulchan Aruch 259:7, Halachos of Other People's Money pg. 154</ref> This is true even if the owner announces that he is not relinquishing ownership.<ref>Rosh Baba Metzia 2:2, Shulchan Aruch 259:7, Halachos of Other People's Money pg. 154 </ref> Nevertheless, the good and right thing to do would be to return it.<ref>Rama 259:7, Halachos of Other People's Money pg. 155 </ref>
# If one forgot to make the Bracha of Al [[Netilat Yadayim]] before drying one’s hands, according to Ashekazim one is permitted to make a Bracha of [[Netilat Yadayim]] until one makes the [[Hamotzei]]. However, Sephardim hold that once one’s hands are totally dry one may not make the Bracha. <Ref> Rama 158:11 writes that if one forgot to make a Bracha before drying one’s hand one can make the Bracha after drying. Mishna Brurah 158:44 supports the Rama by saying that [[Netilat Yadayim]] is different than other [[Brachot]] and may be made after the mitzvah is completed. Mishna Brurah writes that even though the Taz forbids making the Bracha after drying hands, since most achronim hold like the Rama one should act according to the Rama, but one should be careful to avoid such a situation. For Sephardim Ben Ish Chai Shemini:Halacha 7 and Chacham Ovadia Yosef in Halichot Olam 1:page 317 rule that once you dry your hands you can no longer make the beracha. </ref>
==Interruptions (chatzita) Between the Hand and Water==
#Anything that is considered an interruption between the body and water for tevilla is also for [[netilat yadayim]]. The two qualifications that would make it interrupt are that 1. that it covers most of the skin. 2. that it is something you don't want to always be there. <ref> Shulchan Aruch 161:1 based on gemara chullin 106b. </ref>
#Most poskim hold that a ring should be removed, <ref> Shulchan Aruch 161:3, Mishna Berura 161:17, Iggeros Chazon Ish 1:4. The Rama 161:3 adds that even thoguh some are meikil if the ring is loose, one should be machmir even though water could get through. Kaf Hachayim 161:32 says that if you have an expensive ring that you are afraid to remove, then you can first pour a [[Revi'it]] of water on the right hand where the ring is, then move the ring a little and pour again, but when you move the ring it has to be with a hand that’s already been washed. Rav Chaim Kanievsky (Daad Note 251 footnote 249 says that this requirement to remove the ring is only for washing for a meal, and therefore if the ring is loose you wouldn't need to remove it for the morning [[netilat yadayim]]. According to Mishnah Berurah 161:19, Aruch ha-Shulchan 161:6, and Shu"t Rivevos Ephraim Vol. 1 Siman 127 if someone doesn't remove their ring for anything, then they also wouldn't have to for [[netilat yadayim]]. </ref> but if a loose ting wasn't removed you don't need to repeat the washing. <ref> Mishna Berura 161:18 </ref>
#One should remove the dirt under his nails before washing his hands. <ref> Ben Ish Chai Kedoshim 24. Shulchan Aruch HaRav 161:4 and Kaf HaChaim 161:4 say that this is only for dirt that is bothersome to somebody and he would usually remove it. </ref>
# If a person has a something that cannot be removed covering his hand (a cast), he should wash the hand hand three times and make the beracha as usual. <ref> Yechave Daat 2:19, Kaf Hachayim 158:4. Aruch Hashulchan 163:2 says that the beracha should not be recited when only one hand is washed even if for a permissible reason. </ref>


==Who is Obligated==
===In an Institution===
# Women are equally obligated to wash [[netilat yadayim]]. <ref> Pri Megadim (M"Z 4:7), Mishna Brurah 4:10, Kaf Hachayim 4:20, and Halacha Brurah 4:21. Kaf HaChaim points out that in fact, women may have a greater obligation because they have more control over the purity of their houses since they prepare the food and feed the children. </ref>
# It is appropriate for the administration of a public establishment (such as in a dormitory or the like) to put up a sign or make an announcement notifying its constituents that objects that are left there until a certain date may be disposed of. <ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28). see similarly in Halachos of Other People's Money pg. 185 in the name of Rav Moshe Feinstein (Igros Moshe C.M. 2:45:2), Minchat Yitzchak 8:146, and Shu"t Shevet Halevi 9:308 </ref> The notice should be displayed prominently. <Ref> Halachos of Other People's Money pg. 186</ref>
# There is a difference of opinions when a child should be taught to wash his hands in the morning. Some say that a child of 5 or 6 should be taught, while others say that once the child is able to eat on his own should taught. <ref>
 
*Shulchan Aruch Harav 4:2, Eishel Avraham OC 4, and Rav Shlomo Zalman Auerbach in Halichot Shlomo 20:25 say that the obligation for children to wash begins at the age of [[chinuch]] for other mitzvot which is approximately 5 or 6.  
==What Items Must be Returned==
*Mishna Berura 4:10 (based on Pri Megadim 7) says the obligation begins at the time when the child begins to eat on his own.  
===Worth a Perutah===
*Rav Yaakov Kamenetsky in Emet LeYacov 4:10 says that it begins when a child is old enough to say [[amen]] to a beracha or recite a pasuk in torah.  
# There isn't a mitzvah to return an object worth less than a Perutah. <ref>Shulchan Aruch 259:2 and 262:1 based on Gemara Baba Metzia 27a, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 149. see note 33 there that if the item is worth more than that to the one who lost, Rav Moshe Feinstein holds that the item must be returned </ref> Therefore, one who finds such an item may leave it or keep it.<ref>Halachos of Other People's Money pg. 149</ref>
*The Kaf Hachayim 4:23 and Ben Ish Chai (Toldot #10) say that even a newborn's hands should be washed by his parents. See further [http://torah.org/advanced/weekly-halacha/5766/lechlecha.html Rabbi Neustadt at torah.org]</ref>
# For the purpose of this halacha, in America, one can consider the perutah to be a quarter, as it is the lowest denomination coin that is useable for buying something.<ref>Halachos of Other People's Money pg. 149-150 writes that in America in the year when the sefer was published in 5763 (2003) a dime could hardly purchase anything and certainly pennies and nickels cannot, so a quarter would be the minimum required to return</ref>
 
===Forfeiture===
#If the owner of an item gives up on ever getting it back, that is considered a forfeiture of the object and it’s permissible to take and keep it.<ref>Shulchan Aruch C”M 262:5 based on Gemara Baba Metzia 23a, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner), pg. 151. </ref> That can happen in the following ways:
##The owner says explicitly that he has given up hope.<ref>Shulchan Aruch CM 262:5, Halachos of Other People's Money pg. 152. see there note F, that if the finder wishes to be good and upright, he should go beyond the letter of the law and give it back if he knows who the owner is </ref> This is true even if the item has simanim.<ref>Shulchan Aruch CM 262:5, Halachos of Other People's Money pg. 152 </ref>
##Similarly, if it’s evident that the object has been lost for a long time such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. <ref>S”A C”M 260:1 based on Gemara Baba Metzia 23b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153). see there where he writes that Shulchan Aruch did not define the exact time because it will depend on the time, place and object, and adds that Pitchei Choshen 2:note 26 and Rav Elyashiv (cited in Hashavat Aveda Kehalacha 5: note 2) agree</ref> This is true even if the item has identifying simanim.<ref>Halachos of Other People's Money pg. 153 note H. see there note J, that if the finder wishes to be good and upright, he should go beyond the letter of the law and give it back if he knows who the owner is</ref>
##Also, if an item without identifying features is lost, a person does not expect to get it back. When he discovers that it is lost, he will give up on it and it will automatically be forfeited.<ref>Halachos of Other People's Money pg. 154 </ref> This isn't true in a place where there are talmidei chachamim.<ref>Halachos of Other People's Money pg. 154 </ref>
#There is a mitzvah to return a lost object to someone who passed away by returning it to the inheritors of a deceased person. <ref>Avi Bezri Hashavat Aveidah p. 22 fnt. 7 says it is obvious that there's an obligation to return a lost object to the inheritors of the deceased if he was the owner of the lost object.</ref>
 
===Simanim===
#If an object has no identifying feature, then it is assumed that the owner has given up hope of finding the object and therefore has forfeited ownership of it. Therefore, one may take and keep the object. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 154) </ref>
#The siman must be a unique feature and not a generic characteristic. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 160). see there note 79 where he entertains the possibility that nowadays where so many products look the same, if you find an item that isn't so expensive you should return it with just a generic characteristic because people who lose items would want it that way. </ref>
##For example: a normal color, brand name, or stamp on the item with the company name are not unique features.<ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 160-1) based on Shach 267:2 who writes that we don't return an item by identifying the color. Aruch Hashulchan 262:5 explains that this is because there are many items that are of the same color</ref> However, a crack on the side or if a part of the object broke off, those are unique features. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Rama 262:13 citing the Beit Yosef</ref>
#The amount, weight, or length is considered a Siman only if that’s unique and not if that item is normally sold or found in that standard amount, weight, or length. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Shulchan Aruch 262:3 and 267:7</ref>
#Number of pieces found can be considered a siman.
##For example, “there were 6 keys on the key chain” or “there were 15 bills in the envelope” are considered unique features. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Shulchan Aruch 262:3 from Baba Metzia 23b </ref> If it is just a standard amount, such as ten pens in a pack, that wouldn't qualify.<ref>Halachos of Other People's Money pg. 161-162 based on Baba Metzia 23b </ref>
#A unique wrapper, envelope, or basket is considered a siman on the item that is in it. <ref>S”A C”M 262:19-20 based on Baba Metzia 24b, Halachos of Other People's Money pg. 162  </ref> The way something is tied can also be a good siman.<ref>Halachos of Other People's Money pg. 162 based on Shulchan Aruch 262:3 from Baba Metzia 23b</ref>
##An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 162) </ref>
#An item that’s attached to the item can function as a siman such a tag. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 163) based on S”A C”M 262:18 from Baba Metzia 27a</ref>
#The location where the item was placed is a siman. <ref>S”A 262:3, 9 based on the opinion of Rava in Baba Metzia 22b, Halachos of Other People's Money pg. 163</ref>
##The claimant must identify the specific location within the property and not just the general area or property where it was left. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 163) </ref>
##If it is found on a public walkway, in all likelihood it has moved since it was lost and thus would not be a siman.<ref>Halachos of Other People's Money pg. 163 based on Shulchan Aruch 262:9 </ref>
##If it is found in a place where many people use such items, place would not be a siman. <ref>Halachos of Other People's Money pg. 163 based on Rama 262:9 from Baba Metzia 23b</ref> For example, a towel left in the mikvah. <ref>Halachos of Other People's Money pg. 163, Shu"t Minchat Yitzchak 3:17</ref>
 
===Items without Simanim===
# Even if one finds an item without any Simanim, one may only keep it if he is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. <ref>S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. Halachos of Other People's Money pg. 165 <br>
Background: Baba Metzia 21b records a dispute regarding an item that is lost and the owner is not yet aware. Rava says that if a person loses something without realizing it, but once they do realize it, will give up looking for it and deem it owner-less, then the person who finds it can keep it. Abaye holds that he may not because Yiush shelo midaat, is not yiush, meaning it is not considered as if he gave up on finding the item until he is actually aware that it is lost. Shulchan Aruch rules in accordance with Abaye, as this is on the list of יע״ל קג״ם (Baba Metzia 22b) which the gemara says is the list of opinions of which we hold like Abaye against Rava. Shu"t Igrot oshe OC 1:184 for his explanation of the dispute surrounding yiush shelo midaat. </ref> If someone picked it up before the owner was aware of its loss, he would be obligated to return it, even if the owner subsequently gives up on finding it. Since he cannot identify the owner, he must keep it until Eliyahu Hanavi comes and tells him whose it is.<ref>Shulchan Aruch CM 262:3, Halachos of Other People's Money pg. 166. </ref> This is true even if one is not sure whether the owner was aware of the loss or not.<ref>Halachos of Other People's Money pg. 167 based on Taz 262:3 who quotes the Maggid Mishne (Gezela Va'aveda 14:5) who writes that even if there is a safek if the owner is aware or not, you would need to be strict.</ref>
#If you encounter an item with so Simanim, but you are not sure if the owner is aware of the loss, some poskim say that the finder doesn't have to pick it up.<ref>Rav Elyashiv (cited in Halachos of Other People's Money pg. 170 note 117) based on Rabbi Akiva Eiger (Derush ViChiddush Baba Metzia 21b "Omnam Yesh Lomar" </ref> Others say that the owner must pick it up and hold it until Eliyahu comes and discloses who the owner is.<ref>Rav Moshe Feinstein (Igros Moshe CM 2:45) and Chazon Ish (cited in Halachos of Other People's Money pg. 170 note 118) based on S"A Harav Hilchot Metzia Halacha 2</ref> Rav Moshe Feinstein explains that holding an item until Eliyahu comes does not literally mean you need to guard it forever, but rather after a long enough time (all three regalim) has passed and no one has claimed it, you can write down in a safe notebook the exact value of the item and all its attributes, and then use the item for yourself. If Eliyahu later tells you who the item belonged to based on the attributes and value, then you can pay the original owner.<ref>Igros Moshe CM 2:45, at the end.</ref>
#There are certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take:
##Heavy item (such as a hammer) - we presume that the owner knows that he lost it because when a heavy item falls you can sense it<ref>S”A C”M 262:3 and 6 based on Baba Metzia 21b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168)</ref>
##Cash or other valuables- we can assume that the owner realized and forfeited his ownership because people checkx frequently. <ref>S”A CM 262:3 and 6 based on Baba Metzia 21b. see [https://shulchanaruchharav.com/halacha/returning-lost-money-that-one-found/ shulchanaruchharav.com] <br>
Most poskim say that this assumption of Chazal is still applicable nowadays (even though we don't really see so many people constantly checking their pockets, including Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168) citing Mishpat Aveidah (pg. 93) in the name of the Chazon Ish and Igrot Moshe Y”D 4:23. </ref> According to many poskim, this is true even for small amounts of money.<ref>Shu"t Igrot Moshe YD 4:23, Halachos of Other People's Money pg. 169 in the name of Rav Nissin Karelitz and Rav Chaim Kanievsky. However, in note 114 he quotes Rav Elyashiv that a person would not become aware of losing a small amount of money, and therefore one would only be allowed to take a larger amount (50 shekel or more) </ref>
##If it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) <ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in the name of Rav Elyashiv </ref>
#In a place where Talmidei Chachamim are present, one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new, in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 171-2) based on Shulchan Aruch CM 262:21</ref>
#If you personally know whose item it is or if witnesses say who it belongs to, the finder must give it back, even without the owner identifying any siman.<ref>Halachos of Other People's Money pg. 160. Shulchan Aruch CM 267:9 writes that witnesses are stronger evidence than Simanim. Therefore, if one person gives simanim and another provides witnesses, the lost object should be given to the one with witnesses.</ref>
===Lost Object of a non-Jew===
 
#Technically, there’s no Mitzvah to return a lost object to a non-Jew, and some say that there’s a prohibition. <ref>Tur and S”A C”M 266:1 rule based on Gemara Baba Kama 113b that there’s no mitzvah to return the lost object of a non-Jew and there’s even a  prohibition. The Beit Yosef there writes that according to Rashi the problem is that by returning an item to a non-Jew, you are showing that you don't perform Hashavat Aveda as a commandment of Hashem, because you are returning to a non-Jew which you aren't commanded to. On the other hand, the Rambam writes that returning such an object would be strengthening the hands of a sinner. The Be'er HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg. 33) writes that nowadays there’s a prohibition like S”A. </ref> However, all agree that if one returns it with intention to make a Kiddush Hashem then it’s permissible and praiseworthy to return the object. <ref>Halachos of Other People's Money pg. 156. S”A C”M 266:1 writes that if one has intent to make a Kiddush Hashem then it’s totally permissible and praiseworthy to return the lost object. Hashava Aviedah KeHalacha (2:2 pg. 33) writes that it’s only permissible and praiseworthy if one is sure that returning it will result in Kiddush Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). see [http://www.torahmusings.com/2014/05/hashavat-aveida-a-kiddush-hashem/ Rabbi Aharon Ziegler] who quotes Rabbi Soloveitchik on the importance of returning a lost object to a non-Jew in fulfillment  of the precious mitzvah of kiddush Hashem. see also [https://www.yutorah.org/lectures/lecture.cfm/865907/rabbi-aryeh-lebowitz/ten-minute-halacha-hashavas-aveida-to-a-nochri/ Ten Minute Halacha: Hashavas Aveida to a nochri] by Rabbi Aryeh Lebowitz </ref> Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. <ref>S”A C”M 266:1 </ref>
#An item that was lost in an area with mostly non-Jews, is presumed to belong to a non-Jew and may be kept.<ref>Shulchan Aruch 259:3, Halachos of Other People's Money pg. 156</ref> Nevertheless, if a Jew proves that it is his, if one wishes to be upright and good, he should go beyond the letter of the law and give it back.<ref>Halachos of Other People's Money pg. 156-157 based on Shulchan Aruch 259:5 </ref>
#If circumstances indicate that the non-Jew placed or hid that item there it may not be taken.<ref>Halachos of Other People's Money pg. 155 based on Netivot Hamishpat 260:4</ref>
#A Jewish apikores would have the status of a non-Jew for this halacha.<ref>Shulchan Aruch 266:2, Halachos of Other People's Money pg. 155. see there note 61 for how this would apply nowadays considering that many people are unfortunately not fully observant</ref>
 
==What to do with the Item until the Owner is Found==
# In a case that there is an obligation to return an item, the Torah places the responsibility of safeguarding the lost item on the finder until he can identify the person who lost it.<ref> Halachos of Other People's Money pg. 173 </ref> This includes preserving its value.<ref>Rambam Gezela Va'aveda 13:11, Shulchan Aruch C.M. 267:18 </ref> For example, if he found a roll of film or a sefer, he may not store it in a moist place where it can get ruined.<ref> Halachos of Other People's Money pg. 176</ref>
# If it is too difficult for the finder to watch it, he can pass it off to someone trustworthy to watch for him.<ref> Halachos of Other People's Money pg. 174 based on Shulchan Aruch Harav Hilchot Metzia: 32. see also Ben Ish Chai Year 1: Parashat Ki Tavo: 7 </ref>
# Once you pick up the item, you are responsible for its safekeeping. You cannot pick it up and place it down near where it was found, hoping that the owner will find it there.<ref> Halachos of Other People's Money pg. 174-175 in the name of Rav Moshe Feinstein</ref>
# There is a debate about the accountability of the finder. Therefore, the final halacha is that if the item got stolen or lost, the finder is exempt.<ref> The Gemara Baba Metzia 29a: Rabbah says that the finder is considered a Shomer Chinam (meaning exempt if the item is lost or stolen while in his possession and only responsible if it happens due to his negligence), while Rav Yosef says he is like a Shomer Sachar (meaning he is obligated to pay if the item gets lost or stolen). Shulchan Aruch C.M. 267:16 holds like Rav Yosef. The Rama there holds like Rabbah. The Sma 267:17 and Shach 267:14 write that this is a safek. Therefore, we would conclude that the finder doesn't have to pay for it. In order for the finder to be required to pay for the item that he found if it is lost or stolen, the original owner would have to prove that he is obligated. </ref> If he is negligent, and the item is lost, stolen or damaged, he is responsible to repay the original owner.<Ref>Halachos of Other People's Money pg. 175 based on Shulchan Aruch C.M. 267:16</ref>
 
===Borrowing it for Personal Use===
# The finder may not borrow the item that he finds for his own personal use.<ref>Halachos of Other People's Money pg. 176 </ref>
 
==If the Finder Knows who the Owner is==
# If the finder knows who the item belongs to, he can call the owner and would not be obligated to deliver the item directly. It is the owner's responsibility to come retrieve it.<ref> Halachos of Other People's Money pg. 177 based on the opinion of Rav Moshe Feinstein </ref>
# In a situation that he is unable to get in touch with the owner, he is responsible to return it responsibly and cannot just leave it in a place that there is a risk it could be taken.<ref> Halachos of Other People's Money pg. 177 based on Shulchan Aruch Choshen Mishpat 267:1 </ref>
 
==The Obligation to Publicize==
# When the item is found, the finder must try to locate its owner by publicizing it.<ref> Mishna Baba Metzia 27b, Halachos of Other People's Money pg. 178. For a discussion of how this can be accomplished in the modern age, perhaps via the internet, see [https://www.tzohar.org.il/?p=1577 Tzohar.org - מצוות השבת אבידה דרך האינטרנט]</ref>
===How and Where?===
# In a small area, the publicizing can typically be accomplished by a simple announcement, such as after tefilla in shul.<ref> Halachos of Other People's Money pg. 178. see Igros Moshe O.C. 5:9:8 that if you know that the person who lost it prays in a certain shul, it suffices to announce it in that shul </ref>
# In a larger town, notices should be posted in the shuls adjacent to where it was found.<ref>Halachos of Other People's Money pg. pg. 178. Shu"t Igros Moshe OC 5:9:8 says that in a city like New York, one would have to announce it in the nearby shuls, where it would be possible that the owner of the lost object would come pray, but it wouldn't make sense to require that it be announced in every shul in New York City</ref> Additionally, notices should be posted in public places in the area such as the elevator in the building it was found.<ref>Halachos of Other People's Money pg. 179</ref>
# The finder is not required to spend money in order to publicize the finding.<Ref> Halachos of Other People's Money pg. 179 based on a teshuva of Rav Moshe Feinstein </ref>
# The notice should remain posted for long enough that most people in the area would have had a chance to see it. It is preferable to leave it up as long as possible<ref>Halachos of Other People's Money pg. 179 based on a teshuva of Rav Moshe Feinstein</ref>
 
===What to Announce/Write on the Notice===
# The notice should specify the type of item,<ref> Shulchan Aruch 267:4 based on the opinion of Rav Nachman in Baba Metzia 28b </ref> but not with enough detail to identify the Simanim that we would require the owner to identify in order to prove his ownership.<ref>Halachos of Other People's Money pg. 179 </ref>
 
==Links==
* [https://www.yutorah.org/lectures/lecture.cfm/784687/rabbi-mordechai-i-willig/hashavas-aveidah-halacha-lmaaseh/ Hashavas Aveidah Halacha Lmaaseh] by Rabbi Mordechai Willig
* [https://www.yutorah.org/lectures/lecture.cfm/763779/rabbi-michael-taubes/parshas-ki-teitze-hashavas-aveidah/ Hashavas Aveidah] by Rabbi Michael Taubes
* Series on [https://torahdownloads.com/shiur-19790.html Hashavas Aveida] by Rabbi Eliyahu Reingold


==Sources==
==Sources==
<references/>
<references />
[[Category: Between Man And His Fellow]]

Revision as of 04:10, 3 January 2021

The Torah commands us to return lost objects and prevent a loss to our fellow Jew. [1] In general, if there’s an identifying mark of the lost object then there’s an obligation to return the object of our fellow Jew by safeguarding it, publicizing the loss of the object, and making sure that the rightful owner receives his object. Being that many of these cases involve intricate details that aren’t addressed below, in a real case, one should consult a competent rabbinic authority for guidance.

Torah Obligation

Returning Lost Objects

  1. When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object.[2] and also loses the positive commandment, "Pick up and return lost objects." [3] If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it.[4]
  2. There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 amot. [5]

Preventing Loss to Others

  1. The Mitzvah to return someone’s object includes a command to prevent or minimize someone’s loss. [6]
  2. For example, Rav Moshe Feinstein writes that helping another Jew contest zoning issues that are hurting the value of their property.[7]
  3. If one sees water causing damage to another person's property, he is obligated to prevent further loss.[8] However, if the owner is aware of what is happening and chooses not to address it, you would not be obligated to minimize his loss.[9]

Who is Obligated?

  1. Men and women alike are obligated in the mitzva of Hashavat Aveda.[10]

If it’s not Befitting to Return a Lost Object

  1. For a respected or elderly individual, if it’s not befitting to pick up and return a lost object then one is exempt from the mitzvah and doesn’t have to pick up the object. [11] If he can wait there without compromising his dignity until someone else comes to pick it up and return it, he must do so.[12]
  2. The general rule is that if the individual would not have picked his own item in such a situation, then he is exempt. [13] However, had one picked up one’s own item because it’s not worth the trouble (and not because it’s beneath one’s dignity), one is still obligated in the mitzvah. [14]
  3. In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. [15]
  4. Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. [16] However, some argue that a Talmid Chacham may not go beyond the letter of the law at the expense of the kavod for his Torah.[17]
  5. A woman is obligated in Hashavat Aviedah however if it’s not befitting to pick up such an object then one is exempt. [18]

Being Compensated

  1. One may not charge for returning a lost object to its owner, even if returning it takes times and effort.[19] However, if the owner understands that he doesn't have to pay but offers compensation as a token of appreciation, the finder may accept it.[20]
  2. The finder is not required to lose money in order to return another person's item.[21] This includes foregoing saving his own item[22], incurring expenses of his own[23], losing wages[24], losing potential profit.[25]

Where was it Found?

  1. If one would attempt to return an item that was placed there intentionally, one could be hurting the owner rather than helping. If it is an item that has no simanim, then he won't be able to retrieve it, and even if it has simanim, it could be he wanted it there and now will have to chase you to get it back.[26] Therefore, if an item seems to have fallen, it is obviously a lost item. On the other hand, it if seems to have been placed or hidden, it might not be considered lost.[27] Therefore, this would depend on where it is found. see the following halachot:
  2. If the object was found in a safe protected place, it can be assumed that the item was placed there by its owner and so the object is not considered lost and should not be touched.[28] If one by accident picked it up, one should return it right away, but if one has left the area one may not return it but rather one must return the object. [29] For example, if one found a key under a mat or a book on top of a public telephone booth, one shouldn’t pick up the object. [30]
  3. If an item is found in a unsafe place, the item is considered a lost object, even if it was clearly placed their intentionally.[31] For example, a book on a public bus station bench. [32]
  4. If an item is found in a semi-safe place, if the item has a siman then the item is considered a lost object. An example is a sweater draped over a park railing in a remote area of the park. [33]
  5. If the object is found in a place where it is irretrievable, such as if someone fell into the ocean, it’s assumed that the owner forfeited ownership and it is permissible to take and keep it. [34]

Cannot be Retrieved

  1. If the item falls into a place where it will not under normal circumstances be recovered (such as lost in the ocean), it becomes hefker. Someone who finds it would be allowed to keep it.[35] This is true even if the owner announces that he is not relinquishing ownership.[36] Nevertheless, the good and right thing to do would be to return it.[37]

In an Institution

  1. It is appropriate for the administration of a public establishment (such as in a dormitory or the like) to put up a sign or make an announcement notifying its constituents that objects that are left there until a certain date may be disposed of. [38] The notice should be displayed prominently. [39]

What Items Must be Returned

Worth a Perutah

  1. There isn't a mitzvah to return an object worth less than a Perutah. [40] Therefore, one who finds such an item may leave it or keep it.[41]
  2. For the purpose of this halacha, in America, one can consider the perutah to be a quarter, as it is the lowest denomination coin that is useable for buying something.[42]

Forfeiture

  1. If the owner of an item gives up on ever getting it back, that is considered a forfeiture of the object and it’s permissible to take and keep it.[43] That can happen in the following ways:
    1. The owner says explicitly that he has given up hope.[44] This is true even if the item has simanim.[45]
    2. Similarly, if it’s evident that the object has been lost for a long time such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. [46] This is true even if the item has identifying simanim.[47]
    3. Also, if an item without identifying features is lost, a person does not expect to get it back. When he discovers that it is lost, he will give up on it and it will automatically be forfeited.[48] This isn't true in a place where there are talmidei chachamim.[49]
  2. There is a mitzvah to return a lost object to someone who passed away by returning it to the inheritors of a deceased person. [50]

Simanim

  1. If an object has no identifying feature, then it is assumed that the owner has given up hope of finding the object and therefore has forfeited ownership of it. Therefore, one may take and keep the object. [51]
  2. The siman must be a unique feature and not a generic characteristic. [52]
    1. For example: a normal color, brand name, or stamp on the item with the company name are not unique features.[53] However, a crack on the side or if a part of the object broke off, those are unique features. [54]
  3. The amount, weight, or length is considered a Siman only if that’s unique and not if that item is normally sold or found in that standard amount, weight, or length. [55]
  4. Number of pieces found can be considered a siman.
    1. For example, “there were 6 keys on the key chain” or “there were 15 bills in the envelope” are considered unique features. [56] If it is just a standard amount, such as ten pens in a pack, that wouldn't qualify.[57]
  5. A unique wrapper, envelope, or basket is considered a siman on the item that is in it. [58] The way something is tied can also be a good siman.[59]
    1. An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. [60]
  6. An item that’s attached to the item can function as a siman such a tag. [61]
  7. The location where the item was placed is a siman. [62]
    1. The claimant must identify the specific location within the property and not just the general area or property where it was left. [63]
    2. If it is found on a public walkway, in all likelihood it has moved since it was lost and thus would not be a siman.[64]
    3. If it is found in a place where many people use such items, place would not be a siman. [65] For example, a towel left in the mikvah. [66]

Items without Simanim

  1. Even if one finds an item without any Simanim, one may only keep it if he is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. [67] If someone picked it up before the owner was aware of its loss, he would be obligated to return it, even if the owner subsequently gives up on finding it. Since he cannot identify the owner, he must keep it until Eliyahu Hanavi comes and tells him whose it is.[68] This is true even if one is not sure whether the owner was aware of the loss or not.[69]
  2. If you encounter an item with so Simanim, but you are not sure if the owner is aware of the loss, some poskim say that the finder doesn't have to pick it up.[70] Others say that the owner must pick it up and hold it until Eliyahu comes and discloses who the owner is.[71] Rav Moshe Feinstein explains that holding an item until Eliyahu comes does not literally mean you need to guard it forever, but rather after a long enough time (all three regalim) has passed and no one has claimed it, you can write down in a safe notebook the exact value of the item and all its attributes, and then use the item for yourself. If Eliyahu later tells you who the item belonged to based on the attributes and value, then you can pay the original owner.[72]
  3. There are certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take:
    1. Heavy item (such as a hammer) - we presume that the owner knows that he lost it because when a heavy item falls you can sense it[73]
    2. Cash or other valuables- we can assume that the owner realized and forfeited his ownership because people checkx frequently. [74] According to many poskim, this is true even for small amounts of money.[75]
    3. If it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) [76]
  4. In a place where Talmidei Chachamim are present, one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new, in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. [77]
  5. If you personally know whose item it is or if witnesses say who it belongs to, the finder must give it back, even without the owner identifying any siman.[78]

Lost Object of a non-Jew

  1. Technically, there’s no Mitzvah to return a lost object to a non-Jew, and some say that there’s a prohibition. [79] However, all agree that if one returns it with intention to make a Kiddush Hashem then it’s permissible and praiseworthy to return the object. [80] Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. [81]
  2. An item that was lost in an area with mostly non-Jews, is presumed to belong to a non-Jew and may be kept.[82] Nevertheless, if a Jew proves that it is his, if one wishes to be upright and good, he should go beyond the letter of the law and give it back.[83]
  3. If circumstances indicate that the non-Jew placed or hid that item there it may not be taken.[84]
  4. A Jewish apikores would have the status of a non-Jew for this halacha.[85]

What to do with the Item until the Owner is Found

  1. In a case that there is an obligation to return an item, the Torah places the responsibility of safeguarding the lost item on the finder until he can identify the person who lost it.[86] This includes preserving its value.[87] For example, if he found a roll of film or a sefer, he may not store it in a moist place where it can get ruined.[88]
  2. If it is too difficult for the finder to watch it, he can pass it off to someone trustworthy to watch for him.[89]
  3. Once you pick up the item, you are responsible for its safekeeping. You cannot pick it up and place it down near where it was found, hoping that the owner will find it there.[90]
  4. There is a debate about the accountability of the finder. Therefore, the final halacha is that if the item got stolen or lost, the finder is exempt.[91] If he is negligent, and the item is lost, stolen or damaged, he is responsible to repay the original owner.[92]

Borrowing it for Personal Use

  1. The finder may not borrow the item that he finds for his own personal use.[93]

If the Finder Knows who the Owner is

  1. If the finder knows who the item belongs to, he can call the owner and would not be obligated to deliver the item directly. It is the owner's responsibility to come retrieve it.[94]
  2. In a situation that he is unable to get in touch with the owner, he is responsible to return it responsibly and cannot just leave it in a place that there is a risk it could be taken.[95]

The Obligation to Publicize

  1. When the item is found, the finder must try to locate its owner by publicizing it.[96]

How and Where?

  1. In a small area, the publicizing can typically be accomplished by a simple announcement, such as after tefilla in shul.[97]
  2. In a larger town, notices should be posted in the shuls adjacent to where it was found.[98] Additionally, notices should be posted in public places in the area such as the elevator in the building it was found.[99]
  3. The finder is not required to spend money in order to publicize the finding.[100]
  4. The notice should remain posted for long enough that most people in the area would have had a chance to see it. It is preferable to leave it up as long as possible[101]

What to Announce/Write on the Notice

  1. The notice should specify the type of item,[102] but not with enough detail to identify the Simanim that we would require the owner to identify in order to prove his ownership.[103]

Links

Sources

  1. ↑ Sefer Hachinuch Mitzva 538, Rambam Sefer Hamitzvot Mitzvot Aseh Mitzva 204, Sefer Mitzvot Hakatzar of the Chofetz Chaim of mitzvot that can be fulfilled today mitzva 69 in positive mitzvot. see the second perek of Masechet Bava Metzia and Rambam Hilchot Gezela chapters 11 and onward.
  2. ↑ Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh", Halachos of Other People's Money pg. 141
  3. ↑ Devarim 22:3, Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh"
    The Nimukei Yosef also cites the opinion fo the Ramban that one is only in violation of the aseh to return if he picked up the object. The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of Hashavat Aveidah and Lo Tuchal Lehitalem. However, the Sma 259:1 holds that there’s only a violation of Lo Tuchal Lehitalem for overlooking a lost object.
  4. ↑ S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol
  5. ↑ Shulchan Aruch 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. Shulchan Aruch C"M 272:5 rules that there's a mitzvah of carrying and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 amot. The Bach C"M 259 writes that since carrying a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 amot.
  6. ↑ Halachos of Others People’s Money by Rav Bodner, pg. 142 based on S”A 259:9
  7. ↑ Shu"t Igrot Moshe CM 2:22, cited by Halachos of Others People’s Money pg. 142
  8. ↑ Shulchan Aruch 259:9, Halachos of Others People’s Money pg. 142
  9. ↑ Halachos of Others People’s Money pg. 142
  10. ↑ Sefer Hachinuch Mitzva 538 based on Gemara Kiddushin 34a, Halachos of Other People's Money pg. 138
  11. ↑ S”A C”M 263:1 based on Mishna Baba Metzia 29b and Gemara 30a, Aruch Hashulchan 263:1, Halachos of Other People's Money pg. 157. see there note 69 where he quotes Shulchan Aruch Harav CM Hilchot Metzia Seif 36 that even it isn't specifically an exemption for a talmid chacham but includes someone distinguished for other reasons such as wealth, family or any other reason. He adds though that this exemption would not exist for someone who only feels distinguished because of an inflated ego.
  12. ↑ Halachos of Other People's Money pg. 157-158
  13. ↑ S”A C”M 263:1 based Rava's comment on Baba Metzia 30b, Halachos of Other People's Money pg. 158
  14. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 158), S”A HaRav (Hilchot Metziah #37)
  15. ↑ S”A C”M 263:2
  16. ↑ S”A C”M 263:3
  17. ↑ Rama 263:3 argues on Shulchan Aruch and says that one may not return the item if it is beneath his dignity. Instead, if he wants to be strict he can pay out of his own pocket. Aruch Hashulchan 263:4 explains that the Rama's comment is only regarding a talmid chacham, whose dignity stems from the Torah he has acquired. People who are distinguished for other reasons, may be strict and go beyond the letter of the law to return an object.
  18. ↑ Yalkut Yosef (Kitzur S”A C”M 259,271 #4)
  19. ↑ Rosh Baba Metzia 2:28, Tosafot Baba Metzia 31b s.v. "Im", Tur and Shulchan Aruch C.M. 265:1, Halachos of Other People's Money pg. 181
  20. ↑ Halachos of Other People's Money pg. 182, Shu"T Teshuvot Vehanhagot 3:463
  21. ↑ Halachos of Other People's Money pg. 182
  22. ↑ The Mishna on Baba Metzia 33a states that his own lost item takes precedence over someone else's. This is codified by Shulchan Aruch C.M. 264:1. However, see Halachos of Other People's Money pg. 182 (based on Shulchan Aruch Harav Hilchot Metzia 33 that if the other person's item is worth more than his, and he feels certain that his friend will reimburse him for the loss he would incur in order to save that item, he is not permitted to save his own at the expense of his friend's.
  23. ↑ Halachos of Other People's Money pg. 183 based on Sma 264:1. However, he adds (based on SA Harav Hilchot Metzia 33) that if the finder feels certain that he will be reimbursed by the loser, he should spend the money.
  24. ↑ Halachos of Other People's Money pg. 183, Shulchan Aruch Harav Hilchot Metzia 33. see there note i-j where he adds based on Rav Moshe Feinstein that even if he will not lose any salary but his employer objects to his taking the time, he is exempt from the mitzva during work hours. If he can pick it up and return it after work hours, he must do so.
  25. ↑ Halachos of Other People's Money pg. 182. see however pg. 184-185 where he quotes the Shulchan Aruch Choshen Mishpat 264:1 who advises, based on Baba Metzia 31a, that one should not refrain from the mitzva because of potential loss of profits, except in cases where a loss is almost certain because otherwise one will always be able to claim exemption because of potential loss of profit.
  26. ↑ Shulchan Aruch 260:9, Halachos of Others People’s Money pg. 144
  27. ↑ Halachos of Others People’s Money by Rav Bodner, pg. 144
  28. ↑ Rama 260:10 based on Baba Metzia 25b, Halachos of Others People’s Money pg. 145
  29. ↑ Rama and S”A C”M 260:9-10, Halachos of Others People’s Money pg. 145
  30. ↑ Halachos of Others People’s Money pg. 146
  31. ↑ Halachos of Others People’s Money pg. 146 based on Rama 260:10
  32. ↑ Halachos of Others People’s Money pg. 146
  33. ↑ Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 147-8)
  34. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 154-5)
  35. ↑ Baba Metzia 22a, Shulchan Aruch 259:7, Halachos of Other People's Money pg. 154
  36. ↑ Rosh Baba Metzia 2:2, Shulchan Aruch 259:7, Halachos of Other People's Money pg. 154
  37. ↑ Rama 259:7, Halachos of Other People's Money pg. 155
  38. ↑ Yalkut Yosef (Kitzur S”A C”M 259,271 #28). see similarly in Halachos of Other People's Money pg. 185 in the name of Rav Moshe Feinstein (Igros Moshe C.M. 2:45:2), Minchat Yitzchak 8:146, and Shu"t Shevet Halevi 9:308
  39. ↑ Halachos of Other People's Money pg. 186
  40. ↑ Shulchan Aruch 259:2 and 262:1 based on Gemara Baba Metzia 27a, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 149. see note 33 there that if the item is worth more than that to the one who lost, Rav Moshe Feinstein holds that the item must be returned
  41. ↑ Halachos of Other People's Money pg. 149
  42. ↑ Halachos of Other People's Money pg. 149-150 writes that in America in the year when the sefer was published in 5763 (2003) a dime could hardly purchase anything and certainly pennies and nickels cannot, so a quarter would be the minimum required to return
  43. ↑ Shulchan Aruch C”M 262:5 based on Gemara Baba Metzia 23a, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner), pg. 151.
  44. ↑ Shulchan Aruch CM 262:5, Halachos of Other People's Money pg. 152. see there note F, that if the finder wishes to be good and upright, he should go beyond the letter of the law and give it back if he knows who the owner is
  45. ↑ Shulchan Aruch CM 262:5, Halachos of Other People's Money pg. 152
  46. ↑ S”A C”M 260:1 based on Gemara Baba Metzia 23b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153). see there where he writes that Shulchan Aruch did not define the exact time because it will depend on the time, place and object, and adds that Pitchei Choshen 2:note 26 and Rav Elyashiv (cited in Hashavat Aveda Kehalacha 5: note 2) agree
  47. ↑ Halachos of Other People's Money pg. 153 note H. see there note J, that if the finder wishes to be good and upright, he should go beyond the letter of the law and give it back if he knows who the owner is
  48. ↑ Halachos of Other People's Money pg. 154
  49. ↑ Halachos of Other People's Money pg. 154
  50. ↑ Avi Bezri Hashavat Aveidah p. 22 fnt. 7 says it is obvious that there's an obligation to return a lost object to the inheritors of the deceased if he was the owner of the lost object.
  51. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 154)
  52. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 160). see there note 79 where he entertains the possibility that nowadays where so many products look the same, if you find an item that isn't so expensive you should return it with just a generic characteristic because people who lose items would want it that way.
  53. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 160-1) based on Shach 267:2 who writes that we don't return an item by identifying the color. Aruch Hashulchan 262:5 explains that this is because there are many items that are of the same color
  54. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Rama 262:13 citing the Beit Yosef
  55. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Shulchan Aruch 262:3 and 267:7
  56. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Shulchan Aruch 262:3 from Baba Metzia 23b
  57. ↑ Halachos of Other People's Money pg. 161-162 based on Baba Metzia 23b
  58. ↑ S”A C”M 262:19-20 based on Baba Metzia 24b, Halachos of Other People's Money pg. 162
  59. ↑ Halachos of Other People's Money pg. 162 based on Shulchan Aruch 262:3 from Baba Metzia 23b
  60. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 162)
  61. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 163) based on S”A C”M 262:18 from Baba Metzia 27a
  62. ↑ S”A 262:3, 9 based on the opinion of Rava in Baba Metzia 22b, Halachos of Other People's Money pg. 163
  63. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 163)
  64. ↑ Halachos of Other People's Money pg. 163 based on Shulchan Aruch 262:9
  65. ↑ Halachos of Other People's Money pg. 163 based on Rama 262:9 from Baba Metzia 23b
  66. ↑ Halachos of Other People's Money pg. 163, Shu"t Minchat Yitzchak 3:17
  67. ↑ S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. Halachos of Other People's Money pg. 165
    Background: Baba Metzia 21b records a dispute regarding an item that is lost and the owner is not yet aware. Rava says that if a person loses something without realizing it, but once they do realize it, will give up looking for it and deem it owner-less, then the person who finds it can keep it. Abaye holds that he may not because Yiush shelo midaat, is not yiush, meaning it is not considered as if he gave up on finding the item until he is actually aware that it is lost. Shulchan Aruch rules in accordance with Abaye, as this is on the list of יע״ל קג״ם (Baba Metzia 22b) which the gemara says is the list of opinions of which we hold like Abaye against Rava. Shu"t Igrot oshe OC 1:184 for his explanation of the dispute surrounding yiush shelo midaat.
  68. ↑ Shulchan Aruch CM 262:3, Halachos of Other People's Money pg. 166.
  69. ↑ Halachos of Other People's Money pg. 167 based on Taz 262:3 who quotes the Maggid Mishne (Gezela Va'aveda 14:5) who writes that even if there is a safek if the owner is aware or not, you would need to be strict.
  70. ↑ Rav Elyashiv (cited in Halachos of Other People's Money pg. 170 note 117) based on Rabbi Akiva Eiger (Derush ViChiddush Baba Metzia 21b "Omnam Yesh Lomar"
  71. ↑ Rav Moshe Feinstein (Igros Moshe CM 2:45) and Chazon Ish (cited in Halachos of Other People's Money pg. 170 note 118) based on S"A Harav Hilchot Metzia Halacha 2
  72. ↑ Igros Moshe CM 2:45, at the end.
  73. ↑ S”A C”M 262:3 and 6 based on Baba Metzia 21b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168)
  74. ↑ S”A CM 262:3 and 6 based on Baba Metzia 21b. see shulchanaruchharav.com
    Most poskim say that this assumption of Chazal is still applicable nowadays (even though we don't really see so many people constantly checking their pockets, including Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168) citing Mishpat Aveidah (pg. 93) in the name of the Chazon Ish and Igrot Moshe Y”D 4:23.
  75. ↑ Shu"t Igrot Moshe YD 4:23, Halachos of Other People's Money pg. 169 in the name of Rav Nissin Karelitz and Rav Chaim Kanievsky. However, in note 114 he quotes Rav Elyashiv that a person would not become aware of losing a small amount of money, and therefore one would only be allowed to take a larger amount (50 shekel or more)
  76. ↑ S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and Hashavat Aviedah KeHalacha (chapter 5 note 2) in the name of Rav Elyashiv
  77. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 171-2) based on Shulchan Aruch CM 262:21
  78. ↑ Halachos of Other People's Money pg. 160. Shulchan Aruch CM 267:9 writes that witnesses are stronger evidence than Simanim. Therefore, if one person gives simanim and another provides witnesses, the lost object should be given to the one with witnesses.
  79. ↑ Tur and S”A C”M 266:1 rule based on Gemara Baba Kama 113b that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Beit Yosef there writes that according to Rashi the problem is that by returning an item to a non-Jew, you are showing that you don't perform Hashavat Aveda as a commandment of Hashem, because you are returning to a non-Jew which you aren't commanded to. On the other hand, the Rambam writes that returning such an object would be strengthening the hands of a sinner. The Be'er HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg. 33) writes that nowadays there’s a prohibition like S”A.
  80. ↑ Halachos of Other People's Money pg. 156. S”A C”M 266:1 writes that if one has intent to make a Kiddush Hashem then it’s totally permissible and praiseworthy to return the lost object. Hashava Aviedah KeHalacha (2:2 pg. 33) writes that it’s only permissible and praiseworthy if one is sure that returning it will result in Kiddush Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). see Rabbi Aharon Ziegler who quotes Rabbi Soloveitchik on the importance of returning a lost object to a non-Jew in fulfillment of the precious mitzvah of kiddush Hashem. see also Ten Minute Halacha: Hashavas Aveida to a nochri by Rabbi Aryeh Lebowitz
  81. ↑ S”A C”M 266:1
  82. ↑ Shulchan Aruch 259:3, Halachos of Other People's Money pg. 156
  83. ↑ Halachos of Other People's Money pg. 156-157 based on Shulchan Aruch 259:5
  84. ↑ Halachos of Other People's Money pg. 155 based on Netivot Hamishpat 260:4
  85. ↑ Shulchan Aruch 266:2, Halachos of Other People's Money pg. 155. see there note 61 for how this would apply nowadays considering that many people are unfortunately not fully observant
  86. ↑ Halachos of Other People's Money pg. 173
  87. ↑ Rambam Gezela Va'aveda 13:11, Shulchan Aruch C.M. 267:18
  88. ↑ Halachos of Other People's Money pg. 176
  89. ↑ Halachos of Other People's Money pg. 174 based on Shulchan Aruch Harav Hilchot Metzia: 32. see also Ben Ish Chai Year 1: Parashat Ki Tavo: 7
  90. ↑ Halachos of Other People's Money pg. 174-175 in the name of Rav Moshe Feinstein
  91. ↑ The Gemara Baba Metzia 29a: Rabbah says that the finder is considered a Shomer Chinam (meaning exempt if the item is lost or stolen while in his possession and only responsible if it happens due to his negligence), while Rav Yosef says he is like a Shomer Sachar (meaning he is obligated to pay if the item gets lost or stolen). Shulchan Aruch C.M. 267:16 holds like Rav Yosef. The Rama there holds like Rabbah. The Sma 267:17 and Shach 267:14 write that this is a safek. Therefore, we would conclude that the finder doesn't have to pay for it. In order for the finder to be required to pay for the item that he found if it is lost or stolen, the original owner would have to prove that he is obligated.
  92. ↑ Halachos of Other People's Money pg. 175 based on Shulchan Aruch C.M. 267:16
  93. ↑ Halachos of Other People's Money pg. 176
  94. ↑ Halachos of Other People's Money pg. 177 based on the opinion of Rav Moshe Feinstein
  95. ↑ Halachos of Other People's Money pg. 177 based on Shulchan Aruch Choshen Mishpat 267:1
  96. ↑ Mishna Baba Metzia 27b, Halachos of Other People's Money pg. 178. For a discussion of how this can be accomplished in the modern age, perhaps via the internet, see Tzohar.org - מצוות השבת אבידה דרך האינטרנט
  97. ↑ Halachos of Other People's Money pg. 178. see Igros Moshe O.C. 5:9:8 that if you know that the person who lost it prays in a certain shul, it suffices to announce it in that shul
  98. ↑ Halachos of Other People's Money pg. pg. 178. Shu"t Igros Moshe OC 5:9:8 says that in a city like New York, one would have to announce it in the nearby shuls, where it would be possible that the owner of the lost object would come pray, but it wouldn't make sense to require that it be announced in every shul in New York City
  99. ↑ Halachos of Other People's Money pg. 179
  100. ↑ Halachos of Other People's Money pg. 179 based on a teshuva of Rav Moshe Feinstein
  101. ↑ Halachos of Other People's Money pg. 179 based on a teshuva of Rav Moshe Feinstein
  102. ↑ Shulchan Aruch 267:4 based on the opinion of Rav Nachman in Baba Metzia 28b
  103. ↑ Halachos of Other People's Money pg. 179
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