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Returning Lost Objects: Difference between revisions
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# Even if one finds an item without any Simanim, one may only keep it if he 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. Halachos of Other People's Money pg. 165 <br> | # Even if one finds an item without any Simanim, one may only keep it if he 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. Halachos of Other People's Money pg. 165 <br> | ||
Background: Baba Metzia 21b records a dispute regarding an item that is lost and the owner is not yet aware. Rava says that if a person loses something without realizing it, but once they do realize it, will give up looking for it and deem it owner-less, then the person who finds it can keep it. Abaye holds that he may not because Yiush shelo midaat, is not yiush, meaning it is not considered as if he gave up on finding the item until he is actually aware that it is lost. Shulchan Aruch rules in accordance with Abaye, as this is on the list of יע״ל קג״ם (Baba Metzia 22b) which the gemara says is the list of opinions of which we hold like Abaye against Rava. Shu"t Igrot oshe OC 1:184 for his explanation of the dispute surrounding yiush shelo midaat. </ref> If someone picked it up before the owner was aware of its loss, he would be obligated to return it, even if the owner subsequently gives up on finding it. Since he cannot identify the owner, he must keep it until Eliyahu Hanavi comes and tells him whose it is.<ref>Shulchan Aruch CM 262:3, Halachos of Other People's Money pg. 166. </ref> This is true even if one is not sure whether the owner was aware of the loss or not.<ref>Halachos of Other People's Money pg. 167 based on Taz 262:3 who quotes the Maggid Mishne (Gezela Va'aveda 14:5) who writes that even if there is a safek if the owner is aware or not, you would need to be strict.</ref> | Background: Baba Metzia 21b records a dispute regarding an item that is lost and the owner is not yet aware. Rava says that if a person loses something without realizing it, but once they do realize it, will give up looking for it and deem it owner-less, then the person who finds it can keep it. Abaye holds that he may not because Yiush shelo midaat, is not yiush, meaning it is not considered as if he gave up on finding the item until he is actually aware that it is lost. Shulchan Aruch rules in accordance with Abaye, as this is on the list of יע״ל קג״ם (Baba Metzia 22b) which the gemara says is the list of opinions of which we hold like Abaye against Rava. Shu"t Igrot oshe OC 1:184 for his explanation of the dispute surrounding yiush shelo midaat. </ref> If someone picked it up before the owner was aware of its loss, he would be obligated to return it, even if the owner subsequently gives up on finding it. Since he cannot identify the owner, he must keep it until Eliyahu Hanavi comes and tells him whose it is.<ref>Shulchan Aruch CM 262:3, Halachos of Other People's Money pg. 166. </ref> This is true even if one is not sure whether the owner was aware of the loss or not.<ref>Halachos of Other People's Money pg. 167 based on Taz 262:3 who quotes the Maggid Mishne (Gezela Va'aveda 14:5) who writes that even if there is a safek if the owner is aware or not, you would need to be strict.</ref> | ||
#If you encounter an item with so Simanim, but you are not sure if the owner is aware of the loss, some poskim say that the finder doesn't have to pick it up.<ref>Rav Elyashiv (cited in Halachos of Other People's Money pg. 170 note 117) based on Rabbi Akiva Eiger (Derush ViChiddush Baba Metzia 21b "Omnam Yesh Lomar" </ref> Others say that the owner must pick it up and hold it until Eliyahu comes and discloses who the owner is.<ref>Rav Moshe Feinstein (Igros Moshe CM 2:45) and Chazon Ish (cited in Halachos of Other People's Money pg. 170 note 118) based on | #If you encounter an item with so Simanim, but you are not sure if the owner is aware of the loss, some poskim say that the finder doesn't have to pick it up.<ref>Rav Elyashiv (cited in Halachos of Other People's Money pg. 170 note 117) based on Rabbi Akiva Eiger (Derush ViChiddush Baba Metzia 21b "Omnam Yesh Lomar" </ref> Others say that the owner must pick it up and hold it until Eliyahu comes and discloses who the owner is.<ref>Rav Moshe Feinstein (Igros Moshe CM 2:45) and Chazon Ish (cited in Halachos of Other People's Money pg. 170 note 118) based on Shulchan Aruch Harav Hilchot Metzia Halacha 2</ref> Rav Moshe Feinstein explains that holding an item until Eliyahu comes does not literally mean you need to guard it forever, but rather after a long enough time (all three regalim) has passed and no one has claimed it, you can write down in a safe notebook the exact value of the item and all its attributes, and then use the item for yourself. If Eliyahu later tells you who the item belonged to based on the attributes and value, then you can pay the original owner.<ref>Igros Moshe CM 2:45, at the end.</ref> | ||
#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> | ||
