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...
Baking Hallah on Erev Shabbat
If One Mistakenly Cooked Food During Ben Ha’shemashot on Friday Afternoon
Is It Permissible On Erev Shabbat To Fill Up An Urn With Water That Will Become Cooked On Shabbat
Reheating Dry Food on Shabbat on a Blech or Hotplate
Is A Thermos or Tiger Pot Considered A Keli Rishon
Is A Ladle Considered a Keli Rishon or Keli Sheni
Pouring From an Urn Into a Cup of Cold Liquid on Shabbat
Is It Permissible To Place Liquid Food on a Hotplate on Shabbat Before the Timer Activates the Hotplate
The Proper Way To Extract the Broth From Vegetables in a Vegetable Soup on Shabbat
The Proper Way To Extract Vegetables from Soup on Shabbat; Washing Grapes on Shabbat; Using a Perforated Spoon on Shabbat
Is It Permissible To Prepare Tehina On Shabbat
Understanding the Laws of Muktze- Prohibition of Carrying Items on Shabbat, Such as Pens, Pots, and New Empty Wallets
Stirring Food In A Pot and Serving From A Pot On Shabbat
Cooking On Shabbat on Surfaces Heated by the Sun
Separating A Bottle Cap From Its Ring on Shabbat
Page of 239
3585 Halachot found