Q: What is the source of the mitzvah of hashavas aveidah, returning lost property?

A: When we encounter a lost item, there is a mitzvah to safeguard it and attempt to return it to its owner:

“You shall not see the ox of your brother or his sheep or goat cast off, and hide yourself from them; you shall surely return them to your brother. If your brother is not near you and you do not know him, then gather it inside your house, and it shall remain with you until your brother inquires after it, and you return it to him…. So shall you do for any lost article of your brother that may become lost from him and you find it; you shall not hide yourself (Devarim 22:1-3).”

The primary mitzvah is the positive command: “Hashev teshivem” — return them, and there is an added prohibition not to ignore a lost item, “Lo suchal l’hisalem” — You shall not hide yourself (B.M. 26b). If a person unlawfully takes a lost item for himself, he also violates the prohibition, “Lo sigzol” — Do not steal (Vayikra 19:13).

B’ezras Hashem, we will explore the details of hashavas aveidah in the coming series.

Q: When am I required to return a lost item, and when am I not required to do so?

A: The Shulchan Aruch writes that a person is obligated to return a lost item only if eight conditions are met. If any one condition is lacking, you are not obligated to return the item, although in many situations it is still meritorious to do so (C.M. 259:2). The item has to be found:

1.  in a place where there is an obligation to return it (e.g. where the majority of people are Jewish);

2. in a place where it seems lost (i.e. in an insecure place);

3.  in a manner that indicates it is lost (i.e. does not seem placed there intentionally);

4. when the item was not willfully abandoned;

5. when it is worth the minimal amount of a prutah;

6.  when there is some siman, identifying feature, in the item or place where it was found;

7.  when the person who found the item would bother tending to it had it been his own;

8.  when it belongs to a Jewish person to whom we are required to return it.

Q: Am I required to return an item found on a street in New York City?

A: The mitzvah of hashavas aveidah requires returning an item lost by a fellow Jew. Nonetheless, it is praiseworthy to return also to a gentile if this will cause a kiddush Hashem. Moreover, if not returning the item to a gentile will cause a chillul Hashem, a person is obligated to return it (C.M. 266:1).

In principle, the requirement of hashavas aveidah applies only where the majority of passersby are Jewish. Otherwise, the item likely fell from a gentile, to whom there is no mitzvah to return. Furthermore, even if it belongs to a fellow Jew, the owner will likely assume that the item was found by a gentile who will not return it and abandon hope (yei’ush) of reclaiming it (C.M. 259:3).

However, there is still a mitzvah to return an item that is distinctly Jewish (sefer, tallis, tefillin) since it will ultimately make its way to a Jew, who will try to return it. Thus, the owner does not abandon hope of reclaiming it (Rema 259:3; Sma 259:8-9).

Iy”H, next week we will discuss whether dina d’malchusa (the law of the land) creates a halachic requirement to return the item or hand it in to the police.

Q: If the government requires turning in lost items to police regardless of the owner or circumstances of the lost item, is that also a halachic requirement?

A: There is a halachic principle that dina d’malchusa dina, the law of the land has validity. However, there is significant discussion among the authorities about when this rule applies (C.M. 369:6-10).

Regarding treasures lost at sea, which one is permitted to keep, the Rema writes that if the king or beis din instituted that they must be returned, one must do so. The Rema writes a similar rule regarding returning a stolen item, even after the owner abandoned hope of reclaiming it (C.M. 259:7; 356:7).

This seemingly indicates that the rule of dina d’malchusa applies also to hashavas aveidah. However, some Acharonim write that between individuals, dina d’malchusa applies only when there is also an institution of beis din to this effect; then the law becomes common practice. Or it applies between individuals where there is an ethical recommendation (lifnim mishuras hadin) to return the lost item. Where there is absolutely no halachic basis to return an item, the rule of dina d’malchusa does not apply (see Shach 356:10; Ketzos 259:3).

Q: A river overflowed during a heavy rainstorm and swept away items. Does the finder of these items have to return them?

A: Something that an owner loses and which, generally speaking, it was not possible for him to save may be kept by the finder, even if it has identification. This is called “avudah mimenu umikol adam” (C.M. 259:7).

Examples include: an item swept away in a flood, a coin that fell in the sand, a small jewel that fell in grass, and items trapped in a house engulfed in flames (C.M. 262:14; Rema 264:5).

Even so, it is morally proper lifnim mishuras hadin to return the item. The same is true for an item lost by a Jew in a place where most of the passersby are gentile. If there is a local law (dina d’malchusa) to return such items, one must do so (C.M. 259:5).

If the item could be saved with difficulty, though, and the owner attempted to save it or was not present, it must be returned. If the owner did not attempt to rescue the item, there is no need to return it, since he clearly abandoned hope (yei’ush) of retrieving it (Rema 259:7).

Q: In my yeshiva, I found an envelope of cash stashed away behind some sefarim on the top shelf of a bookcase. What should I do?

A: An item hidden away in a secure place should not be touched, even if there is a siman (identifying feature). The owner clearly placed the envelope there and will presumably return to retrieve it. Furthermore, by taking it, you make it more difficult for the owner to reclaim it (C.M. 260:9-10; Shach 260:29).

Even if you picked up the envelope, you should return it promptly to its place. However, if you already took the item home and time passed, you should not return it there. Perhaps the owner came meanwhile and saw that the envelope was gone.

Therefore, since there is a siman (location and/or sum) you must publicize the item. [If there is no siman, you should hold it until Eliyahu Hanavi comes and clarifies whose it is.] (Sma 260:41,48).

However, if the envelope is dusty and seems to have been there a very long time, you can assume that the owner already abandoned hope of retrieving it (yei’ush) and you may keep the money (C.M. 262:5).

Q: A simple watch was left on my table in shul for two weeks. What should I do?

A: We mentioned last week that an item which was hidden away should not be touched. What if you are unsure whether the item was left there intentionally?

If the place is secure, you should not take the item. Conversely, if the place is not secure, you should not leave the item there. With no siman – you may keep the item; with a siman – you should take it home and publicize it (Rema 260:10).

Where the place is partially secure: With no siman – you should leave the item there. With a siman – the Shulchan Aruch rules that you should not touch the item, but the Rema and most other authorities rule that you should take it and publicize it (Shach 260:24). However, Harav Y.S. Eliyashiv zt”l ruled that nowadays, when people rarely check signs on nonvaluable items, it is preferable to leave such an item, even with a siman; perhaps the owner will return and see it (Hashavas Aveidah K’halachah 1:9[26]).

Thus, you should leave the watch there until you can assume that the owner abandoned hope of reclaiming it (yei’ush).

Q: After playing tennis in the local JCC, my friend left some balls on the court and went home. Am I required to return the balls to him?

A: The Gemara (B.M. 25b; 31a) teaches that when someone is careless with his property and knowingly leaves it in an insecure place, it is called aveidah midaas (knowing loss) and you are not required to do hashavas aveidah (C.M. 261:4).

Nonetheless, the Shulchan Aruch writes that the item does not become hefker (ownerless). Although you are not required to collect and return the balls, you may not take them for yourself. The Tur and Rema write, on the other hand, that a person who recklessly abandons his items renders them hefker and you may take them.

Machane Ephraim (Hil. Zechiyah Mihefker #6) explains that this depends on the evaluation of the circumstances. For example, if the balls were old and worn, they certainly would be hefker, whereas balls in good condition would depend on this dispute (see Pischei Choshen, Aveidah 4:12).

If the balls were not abandoned, even if not left securely, e.g. a can of balls was left in the locker room, they do not become hefker.

Q: I found a single shoe in my shul. Must I publicize and try to return it?

A: The minimum value of hashavas aveidah is a perutah, a coin worth .025g (1/1,000 oz.) of silver. At current silver prices, this is a penny or two. Thus, almost all items have this value.

However, this minimal value must exist both at the time of loss and at the time of finding. Thus, food that spoiled and no longer has any value is not subject to hashavas aveidah (C.M. 262:1). Furthermore, some Poskim maintain that the perutah value is determined by the item’s market value (Nesivos 148:1). A single shoe is worthless on the market.

Nevertheless, many contemporary Poskim (Chazon Ish, Harav M. Feinstein and Harav Y. S. Elyashiv, zt”l) maintain that the item’s value is determined by its owner. Thus, even a single shoe is of value to him, to pair with the other shoe that he has not lost. Therefore, you should try to do hashavas aveidah with the shoe (Hashavas Aveidah K’halacha 1:7).

The same halacha applies to something like a family photo, which has no market value, but is valuable to its owner.

Q: A Rosh Yeshiva found a dirty clothing item. Must he tend to it and try to return it?

A: Although there is a prohibition to ignore a lost item, if a talmid chacham finds an item that is disrespectful for him to tend to, he is exempt from returning it. This exemption is extended to other distinguished individuals, in accordance with the circumstances. The general rule provided by the poskim is: Something that the finder would consider beneath his dignity to retrieve were it his own – he is exempt from returning to others (C.M. 263:1).

Nonetheless, it is a midas chassidus (righteous conduct) for a distinguished individual not to exempt himself. The Shulchan Aruch applies this even to a talmid chacham. The Rama does not allow him, though, because it belittles the honor of Torah; instead, he can compensate the owner (C.M. 263:3).

Some maintain that if the distinguished individual began tending to the lost item, he already began the mitzvah and is required to continue. However, the Gemara indicates that this applies specifically to animals, but not to other items, which he can put back down (C.M. 263:2; SM”A 263:4; Hashavas Aveidah K’halacha 2:11).

Q: I found a sweater and publicized my find. A person claimed that he lost his sweater and provided a description of it. What simanim (identifying features) are considered sufficient to return the sweater to him?

A: There are three levels of simanim.

1) Absolute identification (muvhak b’yoser): A feature that uniquely identifies the particular item, such as a stain, hole or scratch in a specific place, a name tag, etc. This is certainly sufficient (C.M. 262:3; 267:6-7).

2) Reasonable identification (muvhak or beinoni): Something that provides reasonable likelihood that this is his lost item, such as the place where the sweater was left, the number of items left together, a non-standard weight or measurement, special knot, or wrapping. This identification is sufficient for a person with an honest reputation, but not for someone suspicious.

3) Poor identification (garua): Something that many such items manifest, such as color (blue sweater), long or short, or standard measurement. This is not valid identification, since it is possible that even if he lost such a sweater, the one you found is not his, but belongs to someone else who lost a sweater of similar color or size.

Q: I found a knapsack with clothes in it. How am I supposed to publicize this?

A: In the times of the Beis Hamikdash, people would publicize the aveidah on the Festivals, when all the Jewish people would assemble in Yerushalayim. After the destruction of the Beis Hamikdash, the Sages instituted the procedure of publicizing in shuls and batei midrash. When this became impossible, they established that one must notify one’s friends and neighbors (B.M. 27b).

Nowadays, one should publicize in such a manner that the owner will most likely hear about or see it. This includes public places in the vicinity of the lost item: shuls, public bulletin boards, etc. For expensive items, you can publicize in a local paper and recoup the advertising cost from the owner (Hashavas Aveidah K’halacha 3:1).

You should identify the item in a general manner: knapsack with clothes, sweater, bicycle, laptop, etc., without divulging details of the item. The person who lost the item should provide details as simanim (C.M. 267:3-4).

The notice should remain posted long enough for the owner to see it; this would be at least a week or two. If the notice is removed after this time, there is no need to replace it.

Q: I publicized an aveidah. What should I do if two people claim the item and both provide identification?

Alternatively, if the claimant cannot provide identification, but says that he will recognize his aveidah if I show him the item, what should I do?

A: If two people provide identification, you should not return the item to either one, since you do not know who the true owner is. You should retain the lost item until one party accedes to the other, or until they come to an agreement between themselves (C.M. 267:7).

However, if one person is able to give a more detailed identification of the item than the other, or if he brings witnesses who attest that the item is his, you should return it to him (C.M. 267:9, 12; Shach 267:10).

Showing the lost item to a potential owner is acceptable only to a talmid chacham who is considered honest. Therefore, if you found a standard item that does not have specific simanim, you can keep it.

However, if you found it in a beis medrash or kollel, and the item is not new and would be recognizable to its owner, you should publicize it (C.M. 262:21).

Q: I found a pearl necklace in a predominantly Jewish neighborhood. Can I hand it in to the police instead of publicizing it on my own?

A: In many countries the law requires notifying and/or handing in lost items to the police. This is also an effective method of publicizing, since the owner is likely to turn to them. In certain cases, we even apply the rule of dina d’malchusa dina (the law of the land) (C.M. 259:7).

Despite this, a number of authorities have objected to transferring lost items to the police, since they often do not handle the lost item as required. For example, they will display it to the claimant and return it with insufficient simanim, and award ownership to the finder or State if not claimed within a few months. However, it is permissible to hand in items for which the police will likely require proper identification (Pischei Choshen, Aveidah 2:[53]).

Nonetheless, you can hand in an item found on a bus to the company’s lost and found, even if they do not demand proper simanim, since anyone who rides the bus does so with this understanding (Hashavas Aveidah K’halachah 3:4-5).However, if you found it in a beis medrash or kollel, and the item is not new and would be recognizable to its owner, you should publicize it (C.M. 262:21).

Q 1: Instead of publicizing an aveidah, can I simply hang the lost item on a nearby bulletin board or fence?

Q 2: If I find a lost item with a clear name and address, do I have to bring it to the owner? Is it acceptable to leave it in his property?

A1: When you find a lost item, you are responsible for it as a shomer (guardian), and cannot leave it in an unsecure manner.

Therefore, you cannot hang it on the bulletin board or fence unless you are sure that the owner will pass by shortly or that no one else will take the item from there. Otherwise, there is a chance that it might be stolen (C.M. 267:1; Hashavas Aveidah K’halacha 3:6-8).

A2: You are required to care for the aveida until it is returned to its owner. However, it suffices to notify him, and he should arrange to retrieve it from you.

You can also leave the item in his property if it is secure there, e.g. an enclosed yard or in the mail slot, or if he is expected to arrive shortly and will see it (Pischei Choshen, Aveidah 7:1-2[2]).

Q: I found a lost MP3 player and publicized it. While holding it, am I liable if it gets stolen? Can I entrust the player to someone else? May I use it meanwhile?

A: While you hold a lost item, you are responsible to guard it. There is a dispute in the Gemara (B.M. 29a) whether you are considered a shomer sachar (paid guardian) or a shomer chinam (unpaid guardian). The Shulchan Aruch rules that you are considered a shomer sachar and liable for theft. However, the Rema and later authorities cite the opposing opinion that you are a shomer chinam and exempt you (based on hamotzi mechaveiro), unless you were negligent (C.M. 267:16; Shach 267:14).

Although a regular guardian may transfer the item only to his household or someone the owner deems trustworthy, you may entrust a lost item to any reliable person. However, it may not be used. Some authorities allow you to use the item in a manner that does not damage it at all, if it is the type of item that the owner would certainly allow you to use (Pischei Choshen, Aveidah 6:3-4; Hashavas Aveidah K’halachah 3:9-12).

Q: I found money. Must I publicize it? If so, can I use it until it is claimed?

A: An individual bill or scattered money is generally considered a lost item without a siman, and you may keep it. Even if there is a name written on the bill, it does not serve as a siman, because the owner could have used the money to pay someone else.

However, a number of bills bundled together, a neat pile of coins, or money left in a specific location can serve as a siman, and you need to publicize it, as with any other aveidah (C.M. 262:11-13).

A person who finds money that he must publicize may not use it, but should keep it in a secure place (C.M. 267:25).

Nowadays, however, if you find a small sum and always have an equivalent amount readily available should the owner come to claim it, some allow using the money and recording the amount and relevant identifying features. (Hashavas Aveidah K’halachah 6:3).

If you find a check that was already made out and signed, you should return it to the payee, if it is uncommon to transfer checks to third parties. However, if the sum was not written, return the check to the account owner (Hashavas Aveidah K’halachah 12:2).

Q: My friend lost his skateboard. After searching for a month, he lost hope of finding it and bought a new one. Shortly afterward, I found his skateboard in the park. Must I return it to him?

A: Once a person who lost an item abandons hope of reclaiming it (yei’ush), there is no absolute requirement of hashavas aveidah; whoever finds it afterward may take it for himself, even if the item has a siman (identifying feature). This applies whether the person verbally expressed his loss of hope or thought so in his mind (C.M. 262:5; Hashavas Aveidah K’halacha 5:2).

Nonetheless, you should go beyond the letter of the law (lifnim mishuras hadin) and return the skateboard, even after yei’ush.

Moreover, if the law of the land requires returning it, you must do so on account of dina d’malchusa dina (C.M. 259:5, 7).

If, however, you found the skateboard before the owner abandoned hope, it does not become yours even after he abandons hope.

Therefore, you may not take an item lost by a Jew for yourself unless you can presume that the owner already knew of the loss and abandoned hope of retrieving it (C.M. 262:3).

Q: Someone loaded his car with bags. A package of batteries fell out, but he drove off before I had a chance to alert him. What can I do with the batteries?

A: When a person would typically abandon hope of retrieving his lost item, e.g. there is no siman but he is unaware of the loss, this is called yei’ush shelo midaas. This is not considered yei’ush, and you may not take the batteries for yourself (B.M. 22b; C.M. 262:3).

There is a dispute about what to do if you pick up the batteries. Although some rule that once you already picked them up, you may use them meanwhile, Rema and most authorities rule that “Yehei munach ad sheyavo Eliyahu” — they should sit unused until Eliyahu Hanavi arrives. Moreover, you become responsible for them as a shomer, even after the owner subsequently notices his loss (C.M. 260:9-10; Shach 260:26).

One approach is to have intention not to become a shomer when you pick up the batteries. Then, when sufficient time passes that the owner will have unloaded his bags and realized his loss, you may keep them (Hashavas Aveidah K’halacha 5:4[18]).

B’ezras Hashem, next week we will mention another option.

Q: I found a lost item and publicized it, but nobody came to claim it. What should I do with the item now?

A: This depends on the item. Something that is irreplaceable, either because of its uniqueness or its sentimental value to the owner, you are required to hold. You are considered a shomer (guardian) on the item until the owner is identified.

Current Poskim, though, allow you to use most items which are replaceable for yourself, or to sell the item for a fair value after a reasonable amount of time passes. You should keep a “hashavas aveidah” pad in which you record the lost item, any relevant simanim, and its value. (Used items should be valued in their current condition.) You may then use the item or the proceeds of the sale. If the owner should ever turn up, give him the equivalent of the item’s value (C.M. 267:21; Hashavas Aveidah K’halachah 6:1-2).

The same applies to food items that are liable to spoil (Sma 267:30). It can also be done for items that have no siman, but were picked up before the owner was aware (yei’ush shelo midaas), where the halacha is “yehei munach ad sheyavo Eliyahu” (let it sit until Eliyahu arrives) (Igros Moshe, C.M. 2:45d).

Q: I found an item belonging to a child. Do the laws of hashavas aveidah apply to children’s possessions?

A: If you find a child’s belonging with a siman, you should publicize it, as you would for any other aveidah.

If the item has no siman, where we presume yei’ush (despair), there is a distinction between something used by the child but owned by the parent, and something owned by the child, since the yei’ush of a minor child is not valid (see Nesivos 260:11; Pischei Choshen, Aveidah 2:4).

Something used by the child but owned by a parent requires the yei’ush of the parent-owner. Thus, if the parent was likely to be aware of potential loss, e.g. of a pacifier or a baby’s clothing item or the like, you may keep the item, just as with any other aveidah with no siman. If the parent is not likely to be aware of the loss, it is considered yei’ush shelo midaas, as discussed last week.

However, something that is likely to be owned by the child, e.g. children’s jewelry, a watch, a baseball card or stamp collection, is not subject to yei’ush. Thus, the halacha remains yehei munach ad sheyavo Eliyahu, as discussed last week (Hashavas Aveidah K’halachah, 9:1-2).

Q: My child found a lost item. Is he responsible for hashavas aveidah? Am I responsible? If there is no siman, does the item become his?

A: Chazal instituted that if a child who is supported by his father, even if he is a bar mitzvah, found an item without a siman, his father is entitled to it. The reason is to avoid animosity with the father who is supporting him. The father can allow the child to keep it, though (C.M.270:2).

Therefore, if the child found something requiring declaration, some say that the father becomes responsible for hashavas aveidah. If he wants to train his son to declare the aveidah, the father should make sure it is done properly (Hashavas Aveidah K’halachah 9:3-4).

If the child is not supported by his father, an aveidah without a siman belongs to the child, whereas an aveidah with a siman should be declared. If the child is bar mitzvah, he has a full obligation of hashavas aveidah; if under bar mitzvah, he has a chinuch obligation, as with any other mitzvah. However, some say that if the owner subsequently had yei’ush, the young child can keep it (see C.M. 349:3; Pischei Choshen, Aveidah 2:8, 9:26).

Q: What is the status of lost items that make their way into my yard?

A: A person’s yard (chatzer) or property can acquire for him even without his knowledge, provided that the property is secure (or that the owner’s home is adjacent) and that the item is likely to be found by the person. Thus, if the lost item is one that the finder can keep, e.g. it has no siman or is in a place where mostly gentiles live, the owner of the chatzer acquires the item (C.M. 268:3).

Conversely, if the lost item needs to be publicized and returned, you are required to do so.

If there was no siman, but the item fell into your property before the owner was aware of the loss, according to some authorities it is considered yei’ush shelo midaas and you cannot acquire the item even after its owner became aware of the loss and abandoned hope.

However, you can declare ahead of time that you do not want your chatzer to acquire such lost items until after the owner abandons hope, and then you can take the aveidah after sufficient time passes (Shach 268:2; Nesivos 262:1; Hashavas Aveidah K’halachah 5:8).

Q: To whom does money found in a store belong? What about other items left in a store?

A: Money found behind the checkout counter belongs to the storeowner. Since customers do not go there, any money found there must have been dropped by the owner or the cashier (C.M. 260:5).

Money that is found in the store itself, or even on the checkout counter, is not presumed to be the owner’s. The storeowner also does not acquire the money through chatzer (being left in his yard), since this money is likely to be picked up by someone else before the storeowner finds it. Therefore, if the money has no siman or if the customers are mostly non-Jews, the finder can keep it (Shach 260:17-18).

As to items left in the store by customers: if most of the customers are Jewish and the items have a siman, there is an obligation of hashavas aveidah, to publicize and return.

It is advisable that the storeowner post a prominent sign that management is not responsible for items left in the store beyond a certain time. Afterward, he can keep or give them away as he wishes (Pischei Choshen, Aveidah 3:[35]; Hashavas Aveidah K’halachah 8:6,8).

Q: What should a gabbai do with items left in shul?

A: Items left in shul should usually be left in place, as the shul is considered semi-secure; most likely the owner will return there to look for the item. If the shul is not secure [or if there is a need to clean the place] the items should be moved to a secure and designated lost and found area (Igros Moshe, O.C. 5:9). The same is true for a beis medrash, mikveh, etc.

If the item is left there for a long time and seems abandoned, we can assume that the owner abandoned hope of reclaiming it (yei’ush) and anyone can take it, even if the item has a siman. However, the shul or beis medrash does not acquire the lost item automatically through chatzer (see C.M. 262:5; M.B. 154:59; Pischei Choshen, Aveidah 9:13).

Current Poskim recommend that the shul post a noticeable sign that anything left in the shul beyond a certain length of time becomes hefker and the gabbaim will do as they please with it (see Igros Moshe, C.M. 2:45b; Hashavas Aveidah K’halachah 7:1-4).

Q: Someone accidentally took my umbrella from the coat rack and left his. May I take his umbrella?

A: Although he mistakenly took your umbrella, you may not take his. Instead, you should post a sign there that an umbrella was mistakenly switched. This applies even to mitzvah items, such as a tallis, siddur, etc. (C.M. 136:2; Kessef Kodashim ad loc.).

If the owner comes and gives simanim but claims that he did not take your umbrella, you must still return his (Pischei Choshen, Aveidah 4:19).

If no one comes to claim the umbrella, after a reasonable time you may use it, as explained in previous questions regarding items whose rule is yehei munach. Additionally, if the owner is unaware that he took the wrong umbrella and continues to use yours, you are entitled to use his umbrella in lieu of rental for yours. However, this would not apply to using a switched tallis, since we require full ownership to be able to make a bracha (Hashavas Aveidah K’halachah 7:10).

In a public place, where this frequently happens, the administration can institute and publicize a practice that people not be particular (see Aruch Hashulchan 136:2).

Q: I moved into a rental apartment and found an item left there. What should I do? Does this apply to a hotel room too?

A: This depends on where the item was found and who the former tenant was. If the item was found in a visible area, we can assume that it belongs to the previous tenant, who forgot it. Therefore, it should be returned to him if he was a ben Yisrael.

However, some authorities maintain that if the item has simanim, recognizable features, the former tenant must provide simanim; otherwise the item should be publicized. (see C.M. 260:3; Shach 260:11; Nesivos 260:7).

On the other hand, if the item was found hidden away in a concealed place, it could have been from an earlier tenant, who already abandoned hope. Therefore, you can keep it. [This halacha might vary with the duration of the previous tenant’s rental.] Again, some authorities maintain that if there is a siman, you should publicize the aveidah (Hashavas Aveidah K’halachah 8:1).

In a hotel where most guests are bnei Yisrael, the management should be notified. If the item was left in a haphazard way indicating that the owner no longer wants it, you may keep it (C.M. 261:4).

Q: 1) I took a book out of the library and found an envelope containing money inside it.

2) I found a perfectly usable item in the garbage.

May I keep either of them?

A: 1) The envelope likely belongs to the last person who borrowed the book. Thus, if you can ascertain who it was, you should return the money to him if there are simanim. If you cannot ascertain who it was, you should publicize the item, as any other aveidah.

If the book is dusty and appears to have been sitting a long time, and the owner presumably abandoned hope by now, you may keep the money (C.M. 260:3, 262:5; Hashavas Aveidah K’halachah 12:9).

2) If it seems that the item was willfully put in the garbage, you may take it, even if there are simanim. However, if the item is a small one that may have inadvertently fallen in or been swept up, you should alert the owner.

If it is a communal garbage bin, you should publicize the item if it has simanim; if there is no siman, you may keep it (C.M. 260:11; Hashavas Aveidah K’halachah 11:7).

Q: If I left a pen or sefer in the beis medrash, or a towel in the mikveh, and saw a similar one there the following day, can I assume that it’s mine and take it?

A: If you recognize the item as yours (tevias ayin), you can keep it, even if you do not have any clear siman to positively identify it. The requirement to provide simanim is only to reclaim an aveidah from another finder (Nesivos 259:3).

If you do not necessarily recognize the item as yours, but think that it could be, some allow you to take it immediately and keep it. Others allow you to hold it but require that you wait and see if someone posts a “lost” notice.

If no one claims the item within a reasonable time, you can assume that it is the one you lost and keep it (Pischei Choshen, Aveidah 3:18[53]; Minchas Yitzchak 3:17; Hashavas Aveidah K’halachah 11:8).

On the other hand, if you recognize that the item is not yours, you may not keep it even if you lost a comparable item. (We discussed previously what to do if your item was mistakenly taken in exchange.)

Q: If I find a credit card or ring of keys, what should I do with them?

A: If you do not recognize the name on the card, you should publicize that you found a credit card, and require that the claimant identify himself by name. Alternatively, you can mail the card to the company’s address listed on the card.

If time passed since the card was lost, so that the owner certainly canceled the card, you can destroy it and dispose of it (see Shulchan Aruch Harav, Metzia #30; C.M. 262:1; Sema 261:2).

If you find a ring of keys, you should publicize it, and the number of keys or an identifiable key ring serves as a siman.

If the key is a loose one, if the person can show an identical key, that serves as a siman. It is also possible to give him the key to check if it fits his door; if not, he should return it to you.

If a long time passes and no one comes to claim the key, so that the owner likely changed the lock, some authorities allow you to dispose of the key (C.M. 262:3, 16; Hashavas Aveidah K’halachah 12:14-15).

Q: Can I demand a reward for returning the aveidah? Whose aveidah takes priority?

A: You are required to return lost items without charge, even if the hashavas aveidah requires time and physical effort on your part, as with any other mitzvah. You may not demand a reward for returning the item. If the owner offers a reward, though, some permit taking it. Others recommend that you tell the owner, “It’s not necessary,” but allow taking if he persists, or that you give the reward to tzedakah (C.M. 265:1; Hashavas Aveidah K’halachah 10:2; Teshuvos V’hanhagos 3:463; Pischei Choshen, Aveidah 8:[1]).

Nonetheless, you are not required to suffer monetary loss for hashavas aveidah. Therefore, your own aveidah takes priority over someone else’s. This is true even if his item is worth much more than yours and he promises to compensate you for your item. A person should not be particular on this point, though, and should help others unless he will suffer a clear loss (C.M. and Sma 264:1).

By law, a person’s own aveidah takes priority over his father’s. His father’s aveidah takes priority over his rebbi’s nowadays, since we have multiple teachers and pay tuition (C.M. 264:2; Shach 264:1).

Q: I’m rushing to work and encounter a large aveidah that I cannot take with me. I would have to turn around and bring it back home slowly before going to work. Must I tend to it?

A: Although you are required to expend time and effort for hashavas aveidah without compensation, you are not required to suffer financial loss. Therefore, if returning the aveidah will cause you financial loss, or even loss of earnings, you are not obligated, although you should still make an effort. If you can easily fill in the missing time or the owner commits to compensate for the loss, you are obligated.

You can also stipulate with the owner or others nearby that you will tend to the aveidah if the owner will fully compensate you (C.M. and Sma 264:1, 265:1; Pischei Choshen, Aveidah 8:2-8).

Similarly, if tending to the aveidah will cause you to miss your bus or train, you are not obligated. However, you cannot claim that it will cause you to miss learning Torah — since the purpose of learning is to fulfill mitzvos (Hashavas Aveidah K’halachah 10:5, 7). The owner is also required to compensate you for expenses associated with tending to the aveidah (C.M. 267:26).

Q: If a tzedakah organization sends me a stamped return envelope, a CD, or a sefer and I am not interested in donating, must I return the item? Can I use it?

A: Since the stamped envelope, CD or sefer was mailed to you intentionally, it is not considered an aveidah; the owner knows where it is. Even if you do not want to donate, you are not required to return the item to them. In most situations, you are even permitted to use the stamp or gift, since they sent it with the full awareness that only a percentage of people send a donation (C.M. 261:1-4; Pischei Choshen, Geneivah 1:[26]).

However, some are stringent not to use the stamp or an item of significant value (e.g., a sefer) for personal use, especially if payment is clearly expected. Nonetheless, you are not required to return it or notify the organization. If a long time passes and they do not request the item, you can make yourself a note about it, and then use it. (Hashavas Aveidah K’halachah 12:5; Tzitz Eliezer 21:50).

If mail was mistakenly delivered to you, you should give it to the addressee or return it to the sender.

Q: What should I do with an aveidah item that I found on Shabbos or Yom Tov?

A: If the aveidah is not muktzeh and was found in a building (or there is an eruv) you should tend to it. You may even announce the aveidah on Shabbos. If there is no siman, you may take the aveidah for yourself (O.C. 306:12; Shemiras Shabbos K’hilchasah 29:32).

If there is no eruv, you may not carry the item. If there is a questionable eruv, which you generally avoid using but rely on when necessary, you should consider whether you would rely on the eruv had this been your own object (see C.M. 263:1).

If the aveidah is muktzeh, even if only a kli shemelachto l’issur, you cannot pick it up, but can move it aside with your foot to a safe place and collect it after Shabbos (O.C. 266:13).

On Yom Tov you may pick up any item that is not muktzeh. On Chol Hamoed you are allowed to write and post a sign. The owner may be visiting just for Yom Tov, so it is considered a davar ha’avud (Hashavas Aveidah K’halachah 11:3-4).

Q: When I find an aveidah that has no simanim and I can keep it, how does it become mine?

A: In order to acquire an aveidah, you need to perform an act of acquisition appropriate for that particular item. Thus, most small items need to be picked up (hagbahah); larger items need to be dragged (meshichah) into a private or semiprivate area (C.M. 268:1; 198:1).

Your property can also “acquire on your behalf,” even without your awareness, if the property is secure. This applies on condition that you are likely to discover the aveidah. Thus, in a place where there are many other people — a bank, hotel, large store, etc. — the property will not acquire for its owner. If the property is not secure, though, you need to be standing nearby and aware of the metziah with intention to acquire it (C.M. 268:3; Hashavas Aveidah K’halachah 14:3).

In addition, the Sages instituted that when a person approaches an aveidah in a semipublic area, whoever comes first within four amos (approx. 7 feet/2.13 meters) acquires it, in order to reduce disputes. In a public area, though, you must take actual possession of the item (C.M. 268:2).

Q: I found an aveidah with no simanim. May I claim the metziah on behalf of another person? If I initially picked it up for him, can I change my mind and keep it for myself?

A: A person can acquire a metziah for another person. Once you pick it up with full intention to acquire for your friend, you cannot recant and take it for yourself, even while it’s still in your hands. However, according to some authorities, if you did not verbalize your intention, you can change your mind before handing it over (See C.M., Sma, Shach, Ketzos and Nesivos 269:1).

If the other person explicitly asked you to “acquire” it for him, once you pick it up without stating otherwise, you cannot say that you picked it up for yourself. If he only said, “Give it to me,” though, before handing it over, you can still say that you took it for yourself (C.M. 269:6).

A worker who picks up a metziah acquires it for himself. However, if he was instructed to collect metzios as part of his job, the employer is entitled to them (C.M. 270:3; see Pischei Choshen, Aveidah 9:[76]).

Q: Do I have a responsibility to spare my neighbor from loss?

A: If someone faces potential loss, you are obligated to spare him, even if it involves time and physical effort on your part. If hashavas aveidah requires returning items already lost, then all the more so we must protect the owner from suffering loss (C.M. 259:9; Shulchan Aruch Harav, Metzia #31; Pischei Choshen, Aveidah 1:20) Therefore:

If you see thieves breaking into a neighbor’s apartment, you are required to summon the police. Similarly, if you observe a hit-and-run accident, you should provide any details you have.

If water or fire threatens your neighbor’s property, you must alert him. The same applies if he left his water, air conditioner or light on inadvertently.

If a lender forgot about a loan, you should remind him. Similarly, if you can testify on behalf of someone on a monetary issue, you are required to do so (C.M. 28:1).

If someone is about to purchase something from an unscrupulous vendor who overcharges significantly, you should warn him (Chofetz Chaim, Rechilus 9:10-12).

If your friend is ill, you should daven on his behalf (Hashavas Aveidah K’halachah 13:1-6).

This article concludes the Hashavas Aveidah series. We would like to dedicate it to a brief summary of the essential halachos discussed.

When a person finds an aveidah with a siman in a mostly Jewish area, there is a mitzvah to return it (C.M. 259:1-2).

The siman can be an identifying feature, precise location or quantity (C.M. 262:3).

The aveidah should be publicized in public locations, such as a shul, bulletin board, and community e-mail (C.M. 267:3).

If no one claims the aveidah, after a reasonable time the finder can record details of the item and its approximate value and then use or sell the item, provided that the item is a standard, replaceable one (Igros Moshe, C.M. 2:45d).

It is recommended that public places (shuls, yeshivos, stores, etc.) post a sign stating that items left beyond a certain time will become hefker and disposed of as seen fit (Igros Moshe, C.M. 2:45b).

Items found in a secure (or even semi-secure) area that may have been left there intentionally are best left there (C.M. 260:9-10).

The mitzvah of hashavas aveidah includes concern to protect the property of another from loss (C.M. 259:9).