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Returning Lost Objects: Difference between revisions
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(Created page with '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 obligatio…') |
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==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> | ||
==Siman== | ==Siman== | ||
# 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. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 154) </ref> | # 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. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas 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 Pinchas Bodner, pg 160 note 79) </ref> | |||
## 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. <Ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 160-1) </ref> | |||
# 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. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref> | |||
## For example, “there were 6 keys on the key chain” or “there were 14 bills in the envelope” are considered unique features. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 161) </ref> | |||
# A unique wrapper, envelope, or basket is considered a siman. <Ref>S”A C”M 262:19-20 </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 Pinchas 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 Pinchas Bodner, pg 163) based on S”A C”M 262:18 </ref> | |||
# The location where the item was placed is a siman. <Ref>S”A 262:3, 9 </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 Pinchas Bodner, pg 163) </ref> | |||
==Lost object of a non-Jew== | ==Lost object of a non-Jew== | ||
# There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>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. </ref> 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. <ref> 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). </ref> | # There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>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. </ref> 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. <ref> 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). </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> | # 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> | ||
==In an institution== | ==In an institution== | ||
# 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. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28) </ref> | # 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. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28) </ref> | ||
==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> | ||
## 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) | |||
# 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> | |||
# 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> | # 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> | ||
==References== | ==References== | ||
<References/> | <References/> | ||
