By Rabbi Meir Orlian | |||
#183 |
Vayeishev |
22.11.2013 |
N/A |
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).