Returning Lost Objects: Difference between revisions
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# If it is too difficult for the finder to watch it, he can pass it off to someone trustworthy to watch for him.<ref> Halachos of Other People's Money pg. 174 based on Shulchan Aruch Harav Hilchot Metzia: 32. see also Ben Ish Chai Year 1: Parashat Ki Tavo: 7 </ref> | # If it is too difficult for the finder to watch it, he can pass it off to someone trustworthy to watch for him.<ref> Halachos of Other People's Money pg. 174 based on Shulchan Aruch Harav Hilchot Metzia: 32. see also Ben Ish Chai Year 1: Parashat Ki Tavo: 7 </ref> | ||
# Once you pick up the item, you are responsible for its safekeeping. You cannot pick it up and place it down near where it was found, hoping that the owner will find it there.<ref> Halachos of Other People's Money pg. 174-175 in the name of Rav Moshe Feinstein</ref> | # Once you pick up the item, you are responsible for its safekeeping. You cannot pick it up and place it down near where it was found, hoping that the owner will find it there.<ref> Halachos of Other People's Money pg. 174-175 in the name of Rav Moshe Feinstein</ref> | ||
# There is a debate about the accountability of the finder. Therefore, the final halacha is that if the item got stolen or lost, the finder is exempt.<ref> The Gemara Baba Metzia 29a: Rabbah says that the finder is considered a Shomer Chinam (meaning exempt if the item is lost or stolen while in his possession and only responsible if it happens due to his negligence), while Rav Yosef says he is like a Shomer Sachar (meaning he is obligated to pay if the item gets lost or stolen). Shulchan Aruch C.M. 267:16 holds like Rav Yosef. The Rama there holds like Rabbah. The Sma 267:17 and Shach 267:14 write that this is a safek. Therefore, we would conclude that the finder doesn't have to pay for it. In order for the finder to be required to pay for the item that he found if it is lost or stolen, the original owner would have to prove that he is obligated. </ref> If he is negligent, and the item is lost, stolen or damaged, he is responsible to repay the original owner.<Ref>Halachos of Other People's Money pg. 175 based on Shulchan Aruch C.M. 267:16<ref> | # There is a debate about the accountability of the finder. Therefore, the final halacha is that if the item got stolen or lost, the finder is exempt.<ref> The Gemara Baba Metzia 29a: Rabbah says that the finder is considered a Shomer Chinam (meaning exempt if the item is lost or stolen while in his possession and only responsible if it happens due to his negligence), while Rav Yosef says he is like a Shomer Sachar (meaning he is obligated to pay if the item gets lost or stolen). Shulchan Aruch C.M. 267:16 holds like Rav Yosef. The Rama there holds like Rabbah. The Sma 267:17 and Shach 267:14 write that this is a safek. Therefore, we would conclude that the finder doesn't have to pay for it. In order for the finder to be required to pay for the item that he found if it is lost or stolen, the original owner would have to prove that he is obligated. </ref> If he is negligent, and the item is lost, stolen or damaged, he is responsible to repay the original owner.<Ref>Halachos of Other People's Money pg. 175 based on Shulchan Aruch C.M. 267:16</ref> | ||
===Borrowing it for Personal Use=== | ===Borrowing it for Personal Use=== | ||
# The finder may not borrow the item that he finds for his own personal use.<ref>Halachos of Other People's Money pg. 176 </ref> | # The finder may not borrow the item that he finds for his own personal use.<ref>Halachos of Other People's Money pg. 176 </ref> | ||
