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Returning Lost Objects: Difference between revisions
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==Items without Simanim== | ==Items without Simanim== | ||
# Even if one finds an item without any Simanim one may only keep it if | # 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> | ||
# If one finds an object without Simanim in an area which allows things to be considered lost objects, one should take it but may not keep it, Rather, one should hold onto it until Eliyahu comes and evaluates to whom it belongs. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 167)</ref> Some hold that one is obligated to pick up a lost item in this situation and hold onto it until Eliyahu comes, and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 170) </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 the finder knows who the owner of the item is, it is recommended that he go beyond the letter of the law and return the object, even if he is certain that the owner has given up on finding it.<ref> Halachos of Other People's Money pg. 166</ref> | |||
# If one finds an object without Simanim in an area which allows things to be considered lost objects, one should take it but may not keep it, Rather, one should hold onto it until Eliyahu Hanavi comes and evaluates to whom it belongs. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 167)</ref> Some hold that one is obligated to pick up a lost item in this situation and hold onto it until Eliyahu comes, and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 170) </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: | ||
* | * If the item is heavy (such as a hammer)<ref>S”A C”M 262:3 and 6, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168)</ref> | ||
* | * Cash is assumed to have been discovered by the owner who then forfeited ownership because people check their money frequently. <Ref> S”A 262:6 based on Baba Metzia 21b. Most 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, he quotes Rav Elyashiv that a person would not become aware of losing a small amount of money, and therefore one would not be allowed to take it </ref> | ||
* If it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership 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 name of Rav Elyashiv </ref> | |||
# 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> Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 171-2)</ref> | # 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> 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== | ||
