By Rabbi Meir Orlian | |||
#178 |
Vayeira |
18.10.2013 |
N/A |
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).