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Returning Lost Objects: Difference between revisions
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The Torah commands us to return the lost objects and prevent a lost of 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 | The Torah commands us to return the lost objects and prevent a lost of 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 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== | ==Torah Obligation== | ||
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# 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 Pinchas Bodner, pg 147-8) </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 Pinchas Bodner, pg 147-8) </ref> | ||
==Worth a Prutah== | ==Worth a Prutah== | ||
# | # There is 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). <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 150) </ref> | ||
==Forfeiture== | ==Forfeiture== | ||
# 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. <Ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 152) </ref> 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. <Ref>S”A C”M 260:1, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) </ref> | # 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. <Ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 152) </ref> 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. <Ref>S”A C”M 260:1, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) </ref> | ||
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==If it’s not befitting to return a lost object== | ==If it’s not befitting to return a lost object== | ||
# 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 </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 </ref> | ||
## If the individual would not have picked his own item in such a situation, then one is exempt. <ref>S”A C”M 263:1 </ref> | ## If the individual would not have picked his own item in such a situation, then one is exempt. <ref>S”A C”M 263:1 </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 Pinchas Bodner, pg 158), S”A HaRav (Hilchot Metsiah #37) </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 Pinchas Bodner, pg 158), S”A HaRav (Hilchot Metsiah #37) </ref> | ||
