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Returning Lost Objects: Difference between revisions
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==Torah Obligation== | ==Torah Obligation== | ||
# When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object.<ref>Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh"</ref> and also loses the positive commandment, "Pick up and return lost objects." <Ref> Devarim 22:3, Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh"<br> The Nimukei Yosef also cites the opinion fo the Ramban that one is only in violation of the aseh to return if he picked up the object. | # When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object.<ref>Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh", Halachos of Other People's Money pg. 141</ref> and also loses the positive commandment, "Pick up and return lost objects." <Ref> Devarim 22:3, Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh"<br> The Nimukei Yosef also cites the opinion fo the Ramban that one is only in violation of the aseh to return if he picked up the object. | ||
The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Tuchal Lehitalem. However, the Sma 259:1 holds that there’s only a violation of Lo Tuchal Lehitalem for overlooking a lost object. </ref> If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it.<ref>S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol </ref> | The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Tuchal Lehitalem. However, the Sma 259:1 holds that there’s only a violation of Lo Tuchal Lehitalem for overlooking a lost object. </ref> If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it.<ref>S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol </ref> | ||
# There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref> Shulchan Aruch 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. Shulchan Aruch C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref> | # There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref> Shulchan Aruch 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. Shulchan Aruch C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref> | ||
==Who is Obligated== | |||
# Men and women alike are obligated in the mitzva of Hashavat Aveda.<ref> Sefer Hachinuch Mitzva 538 based on Gemara Kiddushin 34a, Halachos of Other People's Money pg. 138</ref> | # Men and women alike are obligated in the mitzva of Hashavat Aveda.<ref> Sefer Hachinuch Mitzva 538 based on Gemara Kiddushin 34a, Halachos of Other People's Money pg. 138</ref> | ||
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# 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== | ==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> | # 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> | ||
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==Lost object of a non-Jew== | ==Lost object of a non-Jew== | ||
# There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear 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 [[Kiddish]] Hashem then it’s permissible and praiseworthy to return the object. <ref> S”A C”M 266:1 writes that if one has intent to make a [[Kiddish]] 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 [[Kiddish]] 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 </ref> | # There’s no Mitzvah to return the object of a non-Jew and some say that there’s a prohibition. <Ref>S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear 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 [[Kiddish]] Hashem then it’s permissible and praiseworthy to return the object. <ref> S”A C”M 266:1 writes that if one has intent to make a [[Kiddish]] 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 [[Kiddish]] 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> | # 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> | ||
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# Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref> | # Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref> | ||
# A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref> | # A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <Ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref> | ||
==Preventing Loss to Others== | |||
# The Mitzvah to return someone’s object includes a command to prevent or minimize someone’s loss. <Ref>Halachos of Others People’s Money by Rav Pinchas Bodner, pg. 142 based on S”A 259:9</ref> | |||
# For example, Rav Moshe Feinstein writes that helping another Jew contest zoning issues that are hurting the value of their property.<ref> Shu"t Igrot Moshe CM 2:22, cited by Halachos of Others People’s Money pg. 142</ref> | |||
# If one sees water causing damage to another person's property, he is obligated to prevent further loss.<ref>Shulchan Aruch 259:9, Halachos of Others People’s Money pg. 142</ref> However, if the owner is aware of what is happening and chooses not to address it, you would not be obligated to minimize his loss.<ref>Halachos of Others People’s Money pg. 142</ref> | |||
==Links== | |||
* [https://www.yutorah.org/lectures/lecture.cfm/784687/rabbi-mordechai-i-willig/hashavas-aveidah-halacha-lmaaseh/ Hashavas Aveidah Halacha Lmaaseh] by Rabbi Mordechai Willig | |||
* [https://www.yutorah.org/lectures/lecture.cfm/763779/rabbi-michael-taubes/parshas-ki-teitze-hashavas-aveidah/ Hashavas Aveidah] by Rabbi Michael Taubes | |||
==Sources== | ==Sources== | ||
<References/> | <References/> | ||
[[Category:Between Man And His Fellow]] | [[Category:Between Man And His Fellow]] | ||
