Returning Lost Objects: Difference between revisions
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==Being Compensated== | ==Being Compensated== | ||
# One may not charge for returning a lost object to its owner, even if returning it takes times and effort.<ref> Rosh Baba Metzia 2:28, Tosafot Baba Metzia 31b s.v. "Im", Tur and Shulchan Aruch C.M. 265:1, Halachos of Other People's Money pg. 181 </ref> However, if the owner understands that he doesn't have to pay but offers compensation as a token of appreciation, the finder may accept it.<ref> Halachos of Other People's Money pg. 182, Shu"T Teshuvot Vehanhagot 3:463 </ref> | # One may not charge for returning a lost object to its owner, even if returning it takes times and effort.<ref> Rosh Baba Metzia 2:28, Tosafot Baba Metzia 31b s.v. "Im", Tur and Shulchan Aruch C.M. 265:1, Halachos of Other People's Money pg. 181 </ref> However, if the owner understands that he doesn't have to pay but offers compensation as a token of appreciation, the finder may accept it.<ref> Halachos of Other People's Money pg. 182, Shu"T Teshuvot Vehanhagot 3:463 </ref> | ||
# The finder is not required to lose money in order to return another person's item.<ref>Halachos of Other People's Money pg. 182</ref> This includes foregoing saving his own item<ref>The Mishna on Baba Metzia 33a states that his own lost item takes precedence over someone else's. This is codified by Shulchan Aruch C.M. 264:1. However, see Halachos of Other People's Money pg. 182 (based on Shulchan Aruch Harav Hilchot Metzia 33 that if the other person's item is worth more than his, and he feels certain that his friend will reimburse him for the loss he would incur in order to save that item, he is not permitted to save his own at the expense of his friend's.</ref>, incurring expenses of his own<ref>Halachos of Other People's Money pg. 183 based on Sma 264:1. However, he adds (based on SA Harav Hilchot Metzia 33) that if the finder feels certain that he will be reimbursed by the loser, he should spend the money.</ref>, losing wages<ref>Halachos of Other People's Money pg. 183, Shulchan Aruch Harav | # The finder is not required to lose money in order to return another person's item.<ref>Halachos of Other People's Money pg. 182</ref> This includes foregoing saving his own item<ref>The Mishna on Baba Metzia 33a states that his own lost item takes precedence over someone else's. This is codified by Shulchan Aruch C.M. 264:1. However, see Halachos of Other People's Money pg. 182 (based on Shulchan Aruch Harav Hilchot Metzia 33 that if the other person's item is worth more than his, and he feels certain that his friend will reimburse him for the loss he would incur in order to save that item, he is not permitted to save his own at the expense of his friend's.</ref>, incurring expenses of his own<ref>Halachos of Other People's Money pg. 183 based on Sma 264:1. However, he adds (based on SA Harav Hilchot Metzia 33) that if the finder feels certain that he will be reimbursed by the loser, he should spend the money.</ref>, losing wages<ref>Halachos of Other People's Money pg. 183, Shulchan Aruch Harav Hilchot Metzia 33. see there note i-j where he adds based on Rav Moshe Feinstein that even if he will not lose any salary but his employer objects to his taking the time, he is exempt from the mitzva during work hours. If he can pick it up and return it after work hours, he must do so.</ref>, losing potential profit.<ref>Halachos of Other People's Money pg. 182. see however pg. 184-185 where he quotes the Shulchan Aruch Choshen Mishpat 264:1 who advises, based on Baba Metzia 31a, that one should not refrain from the mitzva because of potential loss of profits, except in cases where a loss is almost certain because otherwise one will always be able to claim exemption because of potential loss of profit. </ref> | ||
==Where was it Found?== | ==Where was it Found?== | ||
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===In an Institution=== | ===In an Institution=== | ||
# It is appropriate for the administration of a public establishment (such as in a dormitory or the like) to put up a sign or make an announcement notifying its constituents that objects that are left there until a certain date may be disposed of. <ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28). see similarly in Halachos of Other People's Money pg. 185 in the name of Rav Moshe Feinstein (Igros Moshe C.M. 2:45:2), Minchat Yitzchak 8:146, and Shu"t Shevet Halevi 9:308 </ref> The notice should be displayed prominently. <Ref> Halachos of Other People's Money pg. 186</ref> | |||
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==What Items Must be Returned== | ==What Items Must be Returned== | ||
