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Returning Lost Objects: Difference between revisions
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# When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object." Some say that one also loses the positive commandment, "Pick up and return lost objects." 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> 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 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. </ref> | # When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object." Some say that one also loses the positive commandment, "Pick up and return lost objects." 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> 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 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. </ref> | ||
# The Mitzvah to return someone’s object includes a command to prevent someone’s loss. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 142) based on S”A 259:9</ref> | # The Mitzvah to return someone’s object includes a command to prevent someone’s loss. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 142) based on S”A 259:9</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> | # 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> | ||
==Where was it found?== | ==Where was it found?== | ||
# 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 Pinchas Bodner, pg 154-5) </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 Pinchas Bodner, pg 154-5) </ref> | ||
