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...
Decorating Homes and Synagogues With Flowers on Shabuot
Shabuot – The Special Quality of the Month of Sivan; A Reason for Eating Dairy Products on Shabuot
Giving Charity on Erev Shavuot
Shabuot – Netilat Yadayim, Birkat Ha’Torah and the Bedtime Shema
Shabuot – Shaharit and Musaf on Shabuot Morning
Giving Charity Before Shabuot; Learning on Shabuot Night
Shabuot – Reasons for the Custom to Decorate the Synagogue with Flowers
Shabuot-Preparing When Shavuot Falls Out On Mosaeh Shabbat
Shabuot-Is it Permissible to Donate Blood or Have Elective Surgery on Ereb Shabuot?
Shavuot- Should One Repeat Beracha Rishona for Beverages Throughout The Night While Studying Shavuot Night
Shabuot – The Two Different Versions of the Te’amim for the Ten Commandments
Shabuot – The Halachot of Berachot Over Food and Drinks During Shabuot Night; Reciting Birkat Ha’Torah on Shabuot Morning
If an Israeli Resident is Spending Yom Tob in the Diaspora
Shabuot – The Custom to Remain Awake Throughout the Night
Pesah – How Soon After Pesah May One Eat the Hametz Which He Had Sold?
Page of 239
3585 Halachot found