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Returning Lost Objects: Difference between revisions
From Halachipedia
→Forfeiture
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==Forfeiture== | ==Forfeiture== | ||
# If the owner | # 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 Pinchas Bodner), pg. 151. </ref> That can happen in the following ways: | ||
# 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 | ## 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 Pinchas 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> | |||
==Siman== | ==Siman== | ||
