For many years, the Schreibers maintained a subscription to Jewish Interest magazine. Recently, they added subscriptions to two other Jewish magazines. A month before their yearly subscription to Jewish Interest expired, the Schreibers received a subscription renewal notice.

“I don’t think we need three magazines,” Mrs. Schreiber said. “I find the other magazines more interesting, so unless you want to continue, I’m not going to renew.” Mr. Schreiber agreed.

The final issue came with a large red notice: “This is your final issue! Subscribe now for a 33% discount!” Mrs. Schreiber reconsidered for a moment, but decided not to renew.

The following month, Mrs. Schreiber was surprised to find Jewish Interest in their mailbox, even though their subscription had expired. “Look what came in the mail,” she said to her husband. “What should I do with it?”

“Must have been a mistake,” said Mr. Schreiber. “It’s not ours — we shouldn’t take it. Send it back to them.” Mrs. Schreiber wrote “Return to sender” and dropped the magazine back in the postbox.

The following month, Mrs. Schreiber was shocked to see Jewish Interest once again in their mailbox. The cover story looked extremely interesting. There was also a pull-out section of summer activities for children.

“What should I do now?” asked Mrs. Schreiber. “They’re still sending it! Also, the cover article looks extremely interesting and there’s a special section about summer activities for the children. What’s the point of sending the magazine back?”

“I don’t think we can keep it, but I’m not sure,” said Mr. Schreiber. “I’ll check with Rabbi Dayan.”

Mr. Schreiber called Rabbi Dayan. “Our subscription to Jewish Interest magazine expired, but they’re continuing to send it,” he said. “If we want to read the additional issues, do we have to pay for them?”

“If the subscription calls for automatic renewal, you are obligated until you cancel in the required manner,” answered Rabbi Dayan. “However, if there is no automatic renewal, you may keep the additional issues that they send without paying.”

“Why are we allowed to read the magazine without paying?” asked Mr. Schreiber. “Shouldn’t there be a mitzvah of hashavas aveidah?”

“The magazine was aware that your subscription expired, yet knowingly sent additional issues,” explained Rabbi Dayan. “The Gemara (B.M. 23b, 25b, 31a) teaches that there is no obligation of hashavas aveidah when someone is knowingly reckless with his property (aveidah midaas). We do not have to take greater responsibility for his property than he does.”

“Still, does that allow me to take it for myself?” asked Mr. Schreiber.

“There is a dispute whether someone who is knowingly reckless with his property abandons ownership,” replied Rabbi Dayan. “For example, one who throws his wallet into the street and leaves it there. The Rambam maintains that you have no responsibility to return it to the owner, but it is not hefker (ownerless) and you may not take the wallet. However, the Tur understands that anyone can take the wallet. The owner effectively renounced ownership of the wallet when he threw it in the street, so it becomes ownerless” (C.M. 261:4).

“Wouldn’t our case seem similar then?” asked Mr. Schreiber. “According to the Rambam, at least, I wouldn’t be able to take the magazine for myself!”

“Here, presumably even the Rambam would agree,” said Rabbi Dayan. “The company has no interest in retrieving the magazine that was distributed. This is similar to a farmer who moved his grain and left some stalks behind, where everyone agrees that he forgoes them. He abandons them for takers, since it’s not worth his while to collect them” (C.M. 260:7; Bach, C.M. 273).

“Furthermore, often companies continue to send issues to a subscriber intending that he read them,” concluded Rabbi Dayan, “either with the hope that he will renew or to maintain circulation numbers for advertisers. Thus you are allowed to read the magazine and are not under any financial obligation to them. Nonetheless, if the company is Jewish-owned, you should notify them that your subscription expired in case there is an unintended error.”