Returning Lost Objects: Difference between revisions

# When a person encounters a lost object and doesn’t pick it up in order to return it, one violates the negative command not to overlook the object, and some say that one also looses the positive command to pick up and return the object. 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> The Taz 259:1 holds that if one doesn’t pick up a lost object one has lost both the positive and negative commandment of Hashavat Aveidah and Lo Titalem. However, the Sma 259:1 holds that there’s only a violation of Lo Titalem for overlooking a lost object. 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> S"A 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. S"A 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>

# 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 but 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 Pinchas Bodner, pg 167)</ref> Some hold that one is obligated to pick up a lot item in this situation and hold onto it until Eliyahu come and some disagree. <Ref> Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 170) </ref>

# There’s 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 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 Pinchas 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 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 Pinchas Bodner, pg 171-2)</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). </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>