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Returning Lost Objects: Difference between revisions
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==Lost Object of a non-Jew== | ==Lost Object of a non-Jew== | ||
# Technically, there’s no Mitzvah to return a lost object to a non-Jew, and some say that there’s a prohibition. <Ref>Tur and S”A C”M 266:1 rule based on Gemara Baba Kama 113b that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Beit Yosef there writes that according to Rashi the problem is that by returning an item to a non-Jew, you are showing that you don't perform Hashavat Aveda as a commandment of Hashem, because you are retruning to a non-Jew which you aren't commanded to. On the other hand, the Rambam writes that returning such an object would be strengthening the hands of a sinner. The Be'er 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 Kiddush Hashem then it’s permissible and praiseworthy to return the object. <ref> Halachos of Other People's Money pg. 156. S”A C”M 266:1 writes that if one has intent to make a Kiddush 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 Kiddush Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). see [http://www.torahmusings.com/2014/05/hashavat-aveida-a-kiddush-hashem/ Rabbi Aharon Ziegler] who quotes Rabbi Soloveitchik on the importance of returning a lost object to a non-Jew in fulfillment of the precious mitzvah of kiddush Hashem. see also [https://www.yutorah.org/lectures/lecture.cfm/865907/rabbi-aryeh-lebowitz/ten-minute-halacha-hashavas-aveida-to-a-nochri/ Ten Minute Halacha: Hashavas Aveida to a nochri] by Rabbi Aryeh Lebowitz </ref> | # Technically, there’s no Mitzvah to return a lost object to a non-Jew, and some say that there’s a prohibition. <Ref>Tur and S”A C”M 266:1 rule based on Gemara Baba Kama 113b that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Beit Yosef there writes that according to Rashi the problem is that by returning an item to a non-Jew, you are showing that you don't perform Hashavat Aveda as a commandment of Hashem, because you are retruning to a non-Jew which you aren't commanded to. On the other hand, the Rambam writes that returning such an object would be strengthening the hands of a sinner. The Be'er 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 Kiddush Hashem then it’s permissible and praiseworthy to return the object. <ref> Halachos of Other People's Money pg. 156. S”A C”M 266:1 writes that if one has intent to make a Kiddush 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 Kiddush Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). see [http://www.torahmusings.com/2014/05/hashavat-aveida-a-kiddush-hashem/ Rabbi Aharon Ziegler] who quotes Rabbi Soloveitchik on the importance of returning a lost object to a non-Jew in fulfillment of the precious mitzvah of kiddush Hashem. see also [https://www.yutorah.org/lectures/lecture.cfm/865907/rabbi-aryeh-lebowitz/ten-minute-halacha-hashavas-aveida-to-a-nochri/ Ten Minute Halacha: Hashavas Aveida to a nochri] by Rabbi Aryeh Lebowitz </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> | ||
# An item that was lost in an area with mostly non-Jews, is presumed to belong to a non-Jew and may be kept.<ref> Shulchan Aruch 259:3, Halachos of Other People's Money pg. 156</ref> Nevertheless, if a Jew proves that it is his, if one wishes to be upright and good, he should go beyond the letter of the law and give it back.<ref> Halachos of Other People's Money pg. 156-157 based on Shulchan Aruch 259:5 </ref> | # An item that was lost in an area with mostly non-Jews, is presumed to belong to a non-Jew and may be kept.<ref> Shulchan Aruch 259:3, Halachos of Other People's Money pg. 156</ref> Nevertheless, if a Jew proves that it is his, if one wishes to be upright and good, he should go beyond the letter of the law and give it back.<ref> Halachos of Other People's Money pg. 156-157 based on Shulchan Aruch 259:5 </ref> | ||
# If circumstances indicate that the non-Jew placed or hid that item there it may not be taken.<ref> Halachos of Other People's Money pg. 155 based on Netivot Hamishpat 260:4</ref> | # If circumstances indicate that the non-Jew placed or hid that item there it may not be taken.<ref> Halachos of Other People's Money pg. 155 based on Netivot Hamishpat 260:4</ref> | ||
