Q: A river overflowed during a heavy rainstorm and swept away items. Does the finder of these items have to return them?

A: Something that an owner loses and which, generally speaking, it was not possible for him to save may be kept by the finder, even if it has identification. This is called “avudah mimenu umikol adam” (C.M. 259:7).

Examples include: an item swept away in a flood, a coin that fell in the sand, a small jewel that fell in grass, and items trapped in a house engulfed in flames (C.M. 262:14; Rema 264:5).

Even so, it is morally proper lifnim mishuras hadin to return the item. The same is true for an item lost by a Jew in a place where most of the passersby are gentile. If there is a local law (dina d’malchusa) to return such items, one must do so (C.M. 259:5).

If the item could be saved with difficulty, though, and the owner attempted to save it or was not present, it must be returned. If the owner did not attempt to rescue the item, there is no need to return it, since he clearly abandoned hope (yei’ush) of retrieving it (Rema 259:7).