If a person arrives in the synagogue coatroom and discovers that his coat or galoshes is missing, and he sees another coat or pair of galoshes, may he use the coat or galoshes on the assumption that the individual who left it behind had mistakenly taken his?
The Poskim (Halachic authorities) write that according to the laws outlined in the Choshen Mishpat section of Shulchan Aruch in siman136, it would be forbidden to take somebody else's belongings even in such a case. However, the Aruch Ha'shulchan (ibid) (work of Halacha by Rabbi Yechiel Michel Epstein, Byelorussia, 1829-1908) writes that the communities of his time had the policy of allowing the use of other people's belongings left behind in the synagogue. There is thus an implicit, presumed Mechila (waiving of rights) regarding articles left behind in the coatroom, and one may therefore take a coat or other raingear and wear it home in such a case.
Rabbi Moshe Feinstein (Russia-New York, 1895-1986) in O"H, Helek6, 9:7, rules that this practice may be followed in modern-day American synagogues, as well. However, he advises that an announcement be made in the synagogue once a year or so reminding the congregants of this policy, allowing people to use other people's belongings left behind in the coatroom. Furthermore, Rabbi Feinstein stresses that the individual must return the item to the owner as soon as he determines the owner's identity, regardless of whether or not the owner had taken his coat or galoshes. In addition, the one who borrowed the item should pay the owner for the benefit he derived from the coat or galoshes.
What should a synagogue do with coats or other objects left behind?
These articles should be collected and kept in a safe place, and periodic announcements should be made informing the congregation that these items have been found. Notices should be hung on the synagogue's bulletin boards, as well. These announcements need not be made in all the local synagogues; it suffices to announce this information in the synagogue where the item was left.
If a garment was not claimed for an extended period of time and it has begun to wear or fade, then the synagogue should sell it and may then use the money for its various expenses. The synagogue officials must, however, make a note of the amount received in exchange for the garment, so that the sum can be returned to the owner when he is found. (Ibid 9:8)
Summary: One may use a coat – or some other raingear – that was left behind in a synagogue coatroom until he finds the owner, at which point he must return the coat and pay him for the benefit he received by wearing it. Articles left behind in the synagogue should be collected and stored in a safe place, and occasional announcements should be made in the synagogue informing the congregants of the discovery of these items. An item that was not claimed may be sold and the money may be used for the synagogue's functions, but a note should be made of the sum so that it can be returned to the owner once he surfaces.
