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.