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Returning Lost Objects: Difference between revisions
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→Items without Simanim
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#There are 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: | #There are 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: | ||
##Heavy item (such as a hammer) - we presume that the owner knows that he lost it because when a heavy item falls you can sense it<ref>S”A C”M 262:3 and 6 based on Baba Metzia 21b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168)</ref> | ##Heavy item (such as a hammer) - we presume that the owner knows that he lost it because when a heavy item falls you can sense it<ref>S”A C”M 262:3 and 6 based on Baba Metzia 21b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168)</ref> | ||
##Cash or other valuables- we can assume that the owner realized and forfeited his ownership because people | ##Cash or other valuables- we can assume that the owner realized and forfeited his ownership because people check frequently. <ref>S”A CM 262:3 and 6 based on Baba Metzia 21b. see [https://shulchanaruchharav.com/halacha/returning-lost-money-that-one-found/ shulchanaruchharav.com] <br> | ||
Most poskim say that this assumption of Chazal is still applicable nowadays (even though we don't really see so many people constantly checking their pockets, including Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168) citing Mishpat Aveidah (pg. 93) in the name of the Chazon Ish and Igrot Moshe Y”D 4:23. </ref> According to many poskim, this is true even for small amounts of money.<ref>Shu"t Igrot Moshe YD 4:23, Halachos of Other People's Money pg. 169 in the name of Rav Nissin Karelitz and Rav Chaim Kanievsky. However, in note 114 he quotes Rav Elyashiv that a person would not become aware of losing a small amount of money, and therefore one would only be allowed to take a larger amount (50 shekel or more) </ref> | Most poskim say that this assumption of Chazal is still applicable nowadays (even though we don't really see so many people constantly checking their pockets, including Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168) citing Mishpat Aveidah (pg. 93) in the name of the Chazon Ish and Igrot Moshe Y”D 4:23. </ref> According to many poskim, this is true even for small amounts of money.<ref>Shu"t Igrot Moshe YD 4:23, Halachos of Other People's Money pg. 169 in the name of Rav Nissin Karelitz and Rav Chaim Kanievsky. However, in note 114 he quotes Rav Elyashiv that a person would not become aware of losing a small amount of money, and therefore one would only be allowed to take a larger amount (50 shekel or more) </ref> | ||
##If it’s evident that the item has been lost for a long time, such as if it is rusty or overgrown with mold, one may take it.<ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in the name of Rav Elyashiv </ref> There’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership. | ##If it’s evident that the item has been lost for a long time, such as if it is rusty or overgrown with mold, one may take it.<ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in the name of Rav Elyashiv </ref> There’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership. | ||
#In a place where Talmidei Chachamim are 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>Shulchan Aruch CM 262:21, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 171-2)</ref> | #In a place where Talmidei Chachamim<ref>Aruch Hashulchan 262:25 writes that Talmid Chacham for this halacha does not depend on Torah knowledge. It only depends on if a person has Yirat Shamayim and wouldn't lie except for the three case where it is permitted to lie. Chazal write Talmid Chacham since a Talmid Chacham usually has Yirat Shamayim and is honest.</ref> are present,<ref>One only has to announce a lost object without simanim if majority of the people around are Talmidei Chachamim. Torat Haaveidah 6:12, Darkei Choshen 262:7, and Mishnat Hamishpat 262:79 based on Gra 262:30. However, Meir Aynay p. 184 disagrees and applies this halacha if there are some Talmidei Chachamim around even though it is not the majority. </ref> 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>Shulchan Aruch CM 262:21, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 171-2)</ref> | ||
#If you personally know whose item it is or if witnesses say who it belongs to, the finder must give it back, even without the owner identifying any siman.<ref>Halachos of Other People's Money pg. 160. Shulchan Aruch CM 267:9 writes that witnesses are stronger evidence than Simanim. Therefore, if one person gives simanim and another provides witnesses, the lost object should be given to the one with witnesses.</ref> | #If you personally know whose item it is or if witnesses say who it belongs to, the finder must give it back, even without the owner identifying any siman.<ref>Halachos of Other People's Money pg. 160. Shulchan Aruch CM 267:9 writes that witnesses are stronger evidence than Simanim. Therefore, if one person gives simanim and another provides witnesses, the lost object should be given to the one with witnesses.</ref> | ||
===Lost Object of a non-Jew=== | ===Lost Object of a non-Jew=== | ||
