Derech Mishpat High School was hosting a father-and-son learning night. Yaakov and his father arrived early, so they stopped off at Yaakov’s shiur room. Yaakov noticed two quarters lying on the floor.

“Can I take the quarters?” Yaakov asked his father.

“There is no requirement of hashavas aveidah on loose coins,” said his father. “Most probably, they fell unnoticed along the way and the owner has no way of identifying them. He’ll presumably notice the loss shortly afterward and abandon hope of reclaiming them” (C.M. 262:11).

In the corner of the room, they saw another three quarters lying in a triangular arrangement. “What about this?” Yaakov asked his father. “Do you think these also dropped unnoticed?”

“What else could it be?” asked his father.

“Maybe some of the fellows were playing a game and forgot to pick up the coins,” Yaakov said. “What are the odds that they landed inadvertently in such a triangular formation?”

“I don’t know,” said his father. “Aren’t you learning Bava Metzia this year?”

“We’re learning the first perek (chapter),” said Yaakov. “The laws of hashavas aveidah are in the second perek.”

“I’m not sure of the halachah in this case,” said his father.

“I expect that Rabbi Dayan will be in the beis medrash when the learning begins,” said Yaakov. “His son also learns here. We can ask him!”

“Good idea,” said his father.

Yaakov and his father went to the beis medrash. Rabbi Dayan arrived shortly afterward with his son.

Yaakov and his father walked over. “We’re sorry to interrupt, but can we ask a halachah question?” Yaakov said.

“Go ahead,” said Rabbi Dayan.

“I found three coins in a triangular formation in our shiur room,” said Yaakov. “Can I keep them or must I publicize the coins?”

“This arrangement of coins may be considered a siman, so you may not take them for yourself,” said Rabbi Dayan. “Rather, you should publicize them.”

“What do you mean, ‘may be considered’?” asked Yaakov.

“The Gemara (B.M. 25a) questions whether coins arranged in such a fashion serve as a siman — indicating intentional arrangement — or not,” explained Rabbi Dayan. “This question remains unresolved in the Gemara. There is a fascinating dispute in the Rishonim how to rule.”

“What do they say?” asked Yaakov.

“The Rosh (B.M. 2:8) writes that since this issue remains unresolved we must be stringent, since hashavas aveidah entails a potential prohibition,” replied Rabbi Dayan. “Therefore, the finder must publicize the coins. Later in that piece, he writes that whenever there is doubt whether something was placed intentionally or not (safek hinuach), if the area is not secure, the item should be taken and publicized if it has a siman.

“The Rosh (ibid. 2:1) rules similarly in an earlier case, where a person left a certain small quantity of grain on his threshing floor,” continued Rabbi Dayan. “The question is whether he intends to return and collect it or he abandoned it for the taking. The Gemara concludes: teiko (unresolved). Since the issue is unresolved, we apply safek d’Oraisa l’chumra (be stringent in a possible Torah requirement), and the finder must publicize the grain.”

“Who disagrees?” asked Yaakov.

“The Rambam (Hil. Aveidah 16:2) does not require publicizing the coins,” said Rabbi Dayan. “He simply writes that, on account of doubt, one should not take the coins. This is his position (15:1) whenever one is unsure whether an item was left intentionally; even if it has a siman, you should not take it. In the case of the threshing floor, he also writes that one should not take the grain, but if he did, he does not have to publicize it.”

“Who is the halachah like?” asked Yaakov.

“The Shulchan Aruch (C.M. 262:12; 260:7, 9) cites the Rambam,” replied Rabbi Dayan. “The Rema, however, argues in the final case of safek hinuach that one needs to publicize the item if it has a siman. Most authorities rule, indeed, that you should be stringent in cases of doubt and therefore publicize the coins” (see Hashavas Aveidah K’halachah 1:12; Gra 264:24, 262:22.)