Returning-lost-Property
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“Ye shall NOT ADD TO THE WORD which
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(Hashavat Aveidah)
With Rabbi, Dr. Reuven Ben Avraham-Goossens, PhD.
The Torah teaches
that when we come across a lost object, we are not meant to ignore it. Instead,
we are obligated to try to reunite it with its rightful owner a mitzvah known
as ‘Hashavat Aveidah’, meaning ‘Returning lost
property’. However, deliberately turning a blind eye to a lost object can violate multiple Torah prohibitions.
But not every
found item must be returned; and the laws can quickly become complex. What
counts as a ‘lost object’? What if the owner already gave up hope of recovering it? What if the
item has no identifying signs? And what responsibilities do you take on once
you pick it up?
Let us now
explore some of the basic laws and practical applications of this important mitzvah.
What Is the Basic Obligation?
If you find a
lost object belonging to a fellow Hebrew, you are obligated to return it to its
owner. You may not ignore it and walk away; doing so violates a negative
commandment. This mitzvah applies equally to men and women.
What Objects Am I Obligated to Return?
You are only
obligated to return a lost object if it is worth at least a ‘perutah’. If
it is worth less, you may either leave it where it is or keep it. In
practice, a ‘perutah’ is a very small amount, just a bit more than a nickel;
contemporary rabbis however, attribute it the value of a quarter (25 cents),
for purposes of returning a lost object, since that is the lowest commonly
usable coin.
An object may
also be kept if the owner has already given up hope of recovering it ‘yeiush’,
in which case it becomes ownerless. This can happen in several ways.
If the owner
explicitly states that he or she has given up hope, the item may be kept even
if it has identifying signs, as long as it was found
after the ‘yeiush’ occurred; if it was taken beforehand, keeping it is
considered theft even if the owner later gives up hope.
Similarly, if
it is clear that the item has been lost for a long time, such as when it is
rusted or covered in moss, it may be kept even if it has identifying signs.
When an item
has no identifying signs, the owner typically assumes it will not be recovered
and automatically gives up hope. This assumption does not apply in places
where Torah scholars are present, however, since they often make an effort to
return lost objects even without formal identifying signs.
Does It Matter Where the Object is Located?
An item that
appears to have been dropped is generally considered a lost object and should
be returned when possible. However, if it seems to have been placed or hidden
intentionally, its status depends on where it was found.
If an object
is found in a safe and protected place, it is assumed that the owner
intentionally left it there, and it should not be touched. For example, if
someone finds a bag tucked behind a couch in a waiting room or a jacket hanging
inside a private office, it should be left where it is. If you picked it up by
accident and are still nearby, you should return it immediately.
If an object
is found in an unsafe place, it is considered lost even if it was clearly
placed there intentionally. Therefore, if it has identifying features it should
be publicized, and if there are no identifying features, one may keep it. For
example, a shopping bag left on a subway platform.
If an item is
found in a semi-safe place, then its status depends on whether it has
identifying signs. If it does, it is considered a lost object and should be
treated as such. Picture a water bottle decorated with stickers left on a fence
near a hiking trail or a labelled sweater hanging on a coat rack in a public
hallway.
The reason for
these distinctions is that picking up an intentionally placed item may actually
inconvenience the owner. If the object has no identifying signs, the owner may
never be able to retrieve it, and even if it does have signs, the owner may now
need to search for the finder in order to get it back.
If an item
falls in a place where it cannot typically be recovered, such as the ocean, it
becomes ownerless and may be kept by whoever finds it. This is true even if the
owner does not give up ownership. Nevertheless, the proper thing to do is to
return it if possible.
Whose Objects Need to Be Returned?
The formal
biblical obligation of ‘hashavat aveidah’ (returning a lost object)
is rooted in the context of Jewish ownership. Nevertheless, the Sages strongly
encouraged returning lost items to anyone, regardless of background recognizing
it as a praiseworthy act that reflects the Torah’s values. If failing to return
an item would bring disrespect to God’s Name and cast Judaism in a
negative light ‘chillul יְהוָה’,
it becomes obligatory..
When an item
is found in a predominantly non-Jewish area, ‘halachic’
presumption affects the formal legal obligation, though, as mentioned, in
practice one still returns it.
In all cases,
if an item appears to have been intentionally left rather than accidentally
lost, it should not be taken.
What Do I Do After I Find the Item?
After finding
a lost object, you should publicize it to help reunite the owner with his or
her belongings. But publicizing it needs to be done carefully. Only the fact
that a certain object has been found should be announced. Its exact
specifications should not be disclosed so that dishonest individuals will not
be able to falsely claim the item as their own.
The person
coming to claim the lost object is obligated to identify the distinguishing
features of the object in order to prove that they are the rightful owner.
What Should I Do With the Object Until
the Owner Is Found?
When you are
obligated to return a lost item, the Torah tasks you with the responsibility of
safeguarding it until it can be returned to its owner. This includes taking
reasonable care to preserve its condition and value for example, not letting a
laptop battery fully drain, or leaving a leather bag in the rain or in direct
sun in a way that could damage it. If you are unable to properly care for
the item, you may entrust it to a trustworthy person.
Once you pick
up the item, you must properly guard it; you cannot simply place it back where
you found it and leave it for the owner to discover. In terms of
liability, if the object is lost due to negligence while in your care, you are
responsible. If it is lost or stolen despite reasonable care, however, you are
exempt. But, you may not use the item for personal benefit.
What Do I Do
if I Can not Find the Owner?
If a long time
has passed since you publicized your find and no one has come forward to claim
the object, you are permitted to use the object, provided that you evaluate how
much it is worth and write down all identifying features. That way, if anyone
ever comes forward, you will be able to return it.
What Are Considered Identifying Signs ‘simanim’?
Examples
include an unusual size or shape, an item lost in an uncommon location,
distinctive packaging, an uncommon quantity, or a unique weight. However, if
many people commonly use the same packaging, leave items in the same place, or
own the same quantity, these are not considered valid signs.
Money, whether
bills or coins, is generally not considered identifiable according to ‘halachah’, even if a name is written on it or the serial
number is known, since the money may have already been given to someone else
who later lost it.
How Much Effort Must I Exert to Return
the Lost Object to its Owner?
In general,
you are only obligated to inform the owner that you have found his or her lost
object. You are not required to spend any of your own money to return the
lost object unless you know for sure that you will be paid back.
You should,
however, hang up signs in places that many people in the neighbourhood
frequent, like schools and synagogues, to let people know about the found
object. However, as mentioned, you are not obligated to spend any money on
advertisements or covering shipping costs to return it.
Furthermore,
if finding the owner will require you to take time off from work (i.e. you will
not be making the money you normally would have at that time), then that too is
considered an expense that although laudatory you are not obligated to
undertake.
Can I Ask for Compensation?
While you may
not charge for returning a lost object to its owner, even if returning it takes
time and effort, if the owner offers a reward as a token of appreciation, the
finder may accept it.
What If the Owner Passes Away?
There is also
a mitzvah to return a lost object belonging to someone who has passed away by
returning it to the deceased person’s heirs.
What If I Found an Object on Shabbat?
One may not
violate another ‘halachah’ in order to fulfil
the mitzvah of ‘hashavat aveidah’. Accordingly, one may not violate Shabbat in
order to return a lost object, including moving an item that is ‘muktzah’.
Likewise, a Kohen may not enter a cemetery in order to retrieve a
lost object.
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