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 Importance of Giving Charity Before Praying; If One’s Prayer is Disrupted by Charity Collectors
The Yartzheit of the Ben Ish Hai
Feeding a Child Before Shaharit or Before Kiddush; Feeding a Child Dairy After He Ate Meat
May a Person Receive Two Aliyot in a Single Torah Reading?
Is it Permissible to Refer to One’s Father or Rabbi by His Name if He Adds a Title?
Calling Somebody With the Same Name as One’s Father
The Importance of Studying the Halachot of Respecting Parents
The Procedure When a Bet Din Announces Its Decision
Reciting Kaddish for a Parent
Ensuring Not to Receive a More Prominent Aliya Than One’s Father
Calling One’s Son in the Presence of His Father With the Same Name
Berit Mila – Eliyahu Ha’nabi’s Chair
Birkat Kohanim – The Unconditional Blessing
The Halachic Status of the Period Between Amud Ha’shahar and Sunrise
Can the Officiating Rabbi at a Wedding Serve as One of the Witnesses?
Page of 239
3585 Halachot found