DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 392 KB)
Watching a Lost Item Until it is Returned to its Owner

The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Ki-Tabo (listen to audio recording for precise citation), writes that if one finds a book that belongs to another person, and the book bears the person’s name, stamp, or other identifying feature, the finder may not use the book. He is obligated to return the book to its owner, and until it can be returned, he must care for the book properly, and may not make personal use of it.

If a person finds a lost item and cannot return it to its owner immediately, he may give it to somebody he trusts to watch it in the interim. For example, if the finder is leaving on a trip and does not want to take the article with him, he may entrust it to somebody he deems reliable. Lost items differ in this regard from a "Pikadon" – an object that was specifically entrusted to somebody to watch. If a person gives an article to his fellow to watch it for him, and the friend accepts responsibility, he is not allowed to hand the object over to somebody else to watch it in his stead, since the owner specifically entrusted him with the object. If the person is leaving on a trip and does not want to take the article with him, he may bring it to the Bet Din, and the Bet Din will appoint a reliable person to watch the item.

Summary: If a person finds a lost item that could be identified by the owner, he must watch the item in the interim until it is returned, and may not use it. He may, however, entrust it to somebody whom he deems trustworthy and reliable. This is in contrast to the case of an article whose owner assigned a particular person to watch it, in which case it may not be entrusted to somebody else.

 


Recent Daily Halachot...
If One Forgot Ya’aleh V’yavo in the Amidah of Hol Hamoed- Part 2
If One Forgot Ya’aleh V’yavo in the Amidah on Hol HaMoed- Part 1
Is it Permissible to Take a Shower on Yom Tob?
When Should Women Light Candles on the First Night of Yom Tob?
How Many Days of Yom Tob are Observed by Visitors in Israel From Abroad?
Laws of Mourning When a Family Member Passes Away On Yom Tob or Hol Ha’mo’ed
Erub Tabshilin
Looking at the Shabbat or Yom Tob Candles Before Reciting Kiddush
If Somebody Remembered “Reseh” But Forgot “Ya’aleh Ve’yabo” in Birkat Ha’mazon on Yom Tob Which Falls on Shabbat
If One Forgot to Recite “Ya’aleh Ve’yabo” on Yom Tob
Preparing a Candle for Habdala When Yom Tob Falls on Mosa’eh Shabbat
How to Prepare an Eruv Tavshilin
Is an Erub Tabshilin Necessary If No Food Needs to be Prepared for Shabbat?
Does Erub Tabshilin Enable One to Cook on Thursday for Shabbat?
Reciting Yag Midot When Taking out the Sefer Torah on Yom Tob
Page of 239
3585 Halachot found