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...
The Power of Speech
The Importance of Learning during the Summer
Respecting One’s Father When He Visits on Shabbat
Must One Stand for His Rabbi or Parent While he Studies Torah, Prays or Recites Birkat Ha’mazon?
When Must One Stand in His Parent’s Presence?
Standing Up for a Parent Who is One’s Student
Standing in the Presence of One’s Parent
Laws Pertaining to Meals: Etiquette for Guests and Hosts, and Torah Scholars Eating with an Am Ha’aretz
Are There Restrictions on Whom a Female Kohen May Marry?
If a Kohen Marries a Woman Forbidden for Him
May a Kohen Fly on a Plane That is Carrying a Dead Body?
May a Kohen Visit the Gravesite of a Sadik?
May a Doctor Who is a Kohen Perform Biopsies or be in the Same Room as Body Parts From a Living Person?
May a Non-Kohen Bless Somebody With Birkat Kohanim?
Reciting the Verse of “Vi’yhi Noam” Before Praying or Performing a Misva
Page of 239
3585 Halachot found