By Rabbi Meir Orlian | |||
#172 |
Nitzavim Vayelech |
30.08.2013 |
N/A |
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).