By Rabbi Meir Orlian | |||
#192 |
Mishpatim |
24.01.2014 |
N/A |
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).