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Returning Lost Objects: Difference between revisions
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## 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 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> | # 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> | # 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> | ||
==Items without Simanim== | |||
# Even if one finds an item without any Simanim one may only keep it if one is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. <Ref>S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. This is based on the opinion of Abaye in Bava Metsia 22b who holds Yiush Shelo MeDaat isn’t Yeush. </ref> | |||
# If one finds an object without Simanim in an area which allows things to be considered lost objects, one should take it but may not keep it but rather one should hold onto it until Eliyahu comes and evaluates to whom it belongs. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 167)</ref> Some hold that one is obligated to pick up a lot item in this situation and hold onto it until Eliyahu come and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 170) </ref> | |||
# There’s certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take: | |||
* if the item is heavy (such as a hammer) <ref>S”A C”M 262:3, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168)</ref> | |||
* if it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) <ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and Hashavat Aviedah KeHalacha (chapter 5 note 2) in name of Rav Elyashiv </ref> | |||
* cash is assumed to have been discovered by the owner who then forfeited ownership because people usually check their money frequently. <Ref> S”A 262:2. Most say that this assumption of Chazal is still applicable in our day including Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 168) including Mishpat Aveidah (pg 93) and Igrot Moshe Y”D 4:23. </ref> | |||
# In a place where Talmidei Chachamim present one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 171-2)</ref> | |||
==Lost object of a non-Jew== | ==Lost object of a non-Jew== | ||
