Returning Lost Objects

From Halachipedia

The Torah commands us to return the lost objects and prevent a lost of our fellow Jew. 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 the 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

  1. When a person encounters a lost object and doesn’t pick it up in order to return it, one violates the negative command not to overlook the object, and some say that one also looses the positive command to pick up and return the object. 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. [1]
  2. The Mitzvah to return someone’s object includes a command to prevent someone’s loss. [2]

Where was it found?

  1. If the object if found in a place where it’s irretrievable, such as if something feel into he ocean, it’s assumed that the owner forfeited ownership and it’s permissible to take and keep it. [3]
  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. 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. 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. [4]
  3. If an item is found in a unsafe place, the item is considered a lost object. An example is a book on a public bus station bench. [5]
  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. [6]

Worth a Prutah

  1. There’s no mitzvah to return an object worth less than a Perutah and for the purpose of this halacha in America, one can consider the perutah to be a quarter (the lowest denomination coin that’s useable in buying something). [7]

Forfeiture

  1. If the owner says explicitly that he doesn’t expect to find it, that’s considered a forfeiture of the object and it’s permissible to take and keep. [8] Similarly if it’s evident that the object has been lost for a long time (which depends on the time, place, and object) such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. [9]

Siman

  1. If an object has no identifying feature then it’s assumed that the owner has forfeited ownership and one may take and keep the object. [10]
  2. The siman must be a unique feature and not a generic characteristic. [11]
    1. For example, a normal color, brand name, and stamp on the item of the company are not unique features. However, a crack on the side or if a part of the object broke off are unique features. [12]
  3. The amount, the 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. [13]
    1. For example, “there were 6 keys on the key chain” or “there were 14 bills in the envelope” are considered unique features. [14]
  4. A unique wrapper, envelope, or basket is considered a siman. [15]
    1. An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. [16]
  5. An item that’s attached to the item can function as a siman such a tag. [17]
  6. The location where the item was placed is a siman. [18] The claimant must identify the specific location within the property and not just the general area or property where it was left. [19]



Lost object of a non-Jew

  1. There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. [20] However, all agree that if one returns it with intention to make a Kiddish Hashem then it’s permissible and praiseworthy to return the object. [21]
  2. Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. [22]

In an institution

  1. It’s appropriate that the administration of a public establishment put up a sign or make an announcement that will let those who go there that if objects are left there untila certain date the establishment will do as they see fit with the objects. [23]

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. [24]
    1. If the individual would not have picked his own item in such a situation, then one is exempt. [25]
    2. 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. [26]
  2. In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. [27]
  3. Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. [28]
  4. A woman is obligated in Hashavat Aviedah however if it’s not befitting to pick up such an object then one is exempt. [29]

References

  1. ↑ The Taz 259:1 holds that if one doesn’t pick up a lost object one has lost both the positive and negative commandment of Hashavat Aveidah and Lo Titalem. However, the Sma 259:1 holds that there’s only a violation of Lo Titalem for overlooking a lost object. 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.
  2. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 142) based on S”A 259:9
  3. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154-5)
  4. ↑ Rama and S”A C”M 260:9-10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 145-6)
  5. ↑ Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 146-7)
  6. ↑ Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 147-8)
  7. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 150)
  8. ↑ S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 152)
  9. ↑ S”A C”M 260:1, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153)
  10. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154)
  11. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160 note 79)
  12. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160-1)
  13. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161)
  14. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161)
  15. ↑ S”A C”M 262:19-20
  16. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 162)
  17. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163) based on S”A C”M 262:18
  18. ↑ S”A 262:3, 9
  19. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 163)
  20. ↑ S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear 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 Pinchas 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.
  21. ↑ S”A C”M 266:1 writes that if one has intent to make a Kiddish 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 Kiddish Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain).
  22. ↑ S”A C”M 266:1
  23. ↑ Yalkut Yosef (Kitzur S”A C”M 259,271 #28)
  24. ↑ S”A C”M 263:1
  25. ↑ S”A C”M 263:1
  26. ↑ Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 158), S”A HaRav (Hilchot Metsiah #37)
  27. ↑ S”A C”M 263:2
  28. ↑ S”A C”M 263:3
  29. ↑ Yalkut Yosef (Kitzur S”A C”M 259,271 #4)
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