What is the general unwritten rules about lost and found?
How does "finders keepers, losers weepers," come into play?
What are the kinds of things that you might find out in the world and be tempted to keep?
When might you be tempted to ignore something that you find instead of trying to return it?
Where are places today that you can advertise the finding of lost objects?
Lost Property (from Cornell Law School Legal Information Institute)
The common law distinguished between lost property and mislaid property.
- Lost property is personal property that was unintentionally left by its true owner.
- Mislaid property is personal property that was intentionally set down by its owner and then forgotten. For example, a wallet that falls out of someone's pocket is lost. A wallet accidentally left on a table in a restaurant is mislaid.
At common law, a person who found lost personal property could keep it until and unless the original owner comes forward. This rule applied to people who discovered lost property in public areas, as well as to people who discovered lost property on their property.
Mislaid property, on the other hand, generally goes to the owner of the property where it was found. Thus, for example, a person who finds a wallet lost in the street may keep it. If, however, a person finds a wallet inside a barbershop, the shop owner might have a better claim to the wallet. The basic theory behind this distinction is that owners of mislaid property are more likely to remember where the property is. Allowing property owners to keep it makes it easier for the true owner to recover the property.
Real property may not be lost or mislaid.
Many jurisdictions have statutes that modify the common law's treatment of lost or abandoned property. Typically, these statutes require lost personal property to be turned over to a government official, and that if the property is not claimed within a set period of time, it goes to the finder and the original owner's rights to the property are terminated.
(4) When you encounter your enemy’s ox or ass wandering, you shall surely return it to him.
Why is the focus only on one's enemy? Shouldn't the law also include one's friend's property?
You shall not see your brother's ox or his sheep slipping away and ignore (lit. "hide yourself from") them. You shall surely return them to your brother. And if your brother is not close to you and you do not know who he may be, you shall gather it into your hosue and it shall be with you until your brother inquires for it and you return it to him. And thus shall you do for his donkey and thus shall you do for his cloak and thus ahll you do for any lost thing of your brother's that may be lost by him and that you find. You shall not be able to ignore (lit. "hide yourself from") it
Why might the shift here be from enemy to kinsman?
What might be the reluctance to return a lost object to an enemy? What might be a the reluctance to return a lost object to a kinsman?
הפקר
Hefker = property that is declared ownerless and is available for anyone to take. Property becomes hefker by the owner declaring it so, or if it is a found object that can not be identified by its markings. Some examples include commonly scattered objects like coins and items that many people have the exact same version of like a simple #2 pencil.
When can something be considered Hefker in our community? What should we do with things that are Hefker? Finders keepers? Put them in a shared pool? Donate them?
Shevi'it: The seventh and last year in the Sabbatical cycle. It is also known as shmitah- lit. "abandonment," "release." The particular regulations that apply to this concept fit into two main categories.
1). Shmitat Karkah - lit. "the release of the soil." All agricultural land must lie fallow. It is prohibited to work the land, except for what is necessary to keep existing crops alive. All produce that does grow is ownerless and must be left unguarded in the fields so that any creature, including wild animals and birds, can have ready access to it. So long as produce can still be found in the fields, it may be eaten, though it may not be bought and sold in the normal matter or used for purposes other than food.
2). Shmitat K'sa'phim - "Cancellation of cash debts." All outstanding debts owned by Jews to each other are cancelled on the last day of the seventh year. This does not apply to debts whose payment is not yet due on this day, nor does it apply when collection proceedings have already been initiated in court.
Complications to this are overcome with a Prozbul, a rabbinic enactment allowing for loans to be collected after the Sabbatical year. When Hillel the Elder saw the challenge inherent with lending money brought about by the Sabbatical year, he instituted a process whereby the lender authorizes the court to collect all his debts. In this way no debts are cancelled by the Sabbatical Year. The Prozbul is the document formalizing the transfer of authority to the court.
What does this concept of Shevi'it have to do with questions of lost and found?
Ye'ush: Lit., despair. Refers to the owner's despair of recovering an article that was lost or stolen. A lost article whose owner has given up hope of its recovery is considered ownerless (hefker) and may be acquired by the finder. If an article is lost in a natural disaster, it is considered as if the owner despaired of its recovery immediately. When reference to stolen property, the owner's despair of the article's return removes his ownership over the property and allows it to be acquired by the person to whom it is given or sold by the thief. In such a case, the article itself need not be returned to its original owner. However, the thief himself is required to return the object if he has it, or to reimburse the owner for its value.
How long must one wait before an object becomes ye'ush? What might the original owner do to demonstrate that the object is now ye'ush?
(א) שְׁנַיִם אוֹחֲזִין בְּטַלִּית, זֶה אוֹמֵר אֲנִי מְצָאתִיהָ וְזֶה אוֹמֵר אֲנִי מְצָאתִיהָ, זֶה אוֹמֵר כֻּלָּהּ שֶׁלִּי וְזֶה אוֹמֵר כֻּלָּהּ שֶׁלִּי, זֶה יִשָּׁבַע שֶׁאֵין לוֹ בָהּ פָּחוֹת מֵחֶצְיָהּ, וְזֶה יִשָּׁבַע שֶׁאֵין לוֹ בָהּ פָּחוֹת מֵחֶצְיָהּ, וְיַחֲלֹקוּ. זֶה אוֹמֵר כֻּלָּהּ שֶׁלִּי וְזֶה אוֹמֵר חֶצְיָהּ שֶׁלִּי, הָאוֹמֵר כֻּלָּהּ שֶׁלִּי, יִשָּׁבַע שֶׁאֵין לוֹ בָהּ פָּחוֹת מִשְּׁלשָׁה חֲלָקִים, וְהָאוֹמֵר חֶצְיָהּ שֶׁלִּי, יִשָּׁבַע שֶׁאֵין לוֹ בָהּ פָּחוֹת מֵרְבִיעַ. זֶה נוֹטֵל שְׁלשָׁה חֲלָקִים, וְזֶה נוֹטֵל רְבִיעַ:
(1) Two are holding a garment. One says, "I found it," and the other says, "I found it." [If] one says, "all of it is mine" and the other says, "all of it is mine." This one shall swear that he owns no less than half of it, and this one shall swear that he owns no less than half of it, and they shall divide it [between them.] [If] one says, "all of it is mine" and the other says "half of it is mine." The one who says "all of it is mine" shall swear that he owns no less than three quarters of it; and the one who says "half of it is mine" shall swear that he owns no less than one quarter of it. He [the former] takes three quarters and he [the latter] takes one quarter.
(ב) הָיוּ שְׁנַיִם רוֹכְבִין עַל גַּבֵּי בְהֵמָה, אוֹ שֶׁהָיָה אֶחָד רוֹכֵב וְאֶחָד מַנְהִיג, זֶה אוֹמֵר כֻּלָּהּ שֶׁלִּי, וְזֶה אוֹמֵר כֻּלָּהּ שֶׁלִּי, זֶה יִשָּׁבַע שֶׁאֵין לוֹ בָהּ פָּחוֹת מֵחֶצְיָהּ, וְזֶה יִשָּׁבַע שֶׁאֵין לוֹ בָהּ פָּחוֹת מֵחֶצְיָהּ, וְיַחֲלֹקוּ. בִּזְמַן שֶׁהֵם מוֹדִים אוֹ שֶׁיֵּשׁ לָהֶן עֵדִים, חוֹלְקִים בְּלֹא שְׁבוּעָה:
(2) Two [men] were riding on an animal, or one was riding and one was leading. One says, "all of it is mine," and the other one says, "all of it is mine." This one shall swear that he owns no less than half of it, and the other one shall swear that he owns no less than half of it, and they will divide it. In a situation where they agree, or they have witnesses, they divide it without an oath.
(ג) הָיָה רוֹכֵב עַל גַּבֵּי בְהֵמָה וְרָאָה אֶת הַמְּצִיאָה, וְאָמַר לַחֲבֵרוֹ תְּנֶהָ לִי, נְטָלָהּ וְאָמַר אֲנִי זָכִיתִי בָהּ, זָכָה בָהּ. אִם מִשֶּׁנְּתָנָהּ לוֹ אָמַר אֲנִי זָכִיתִי בָהּ תְּחִלָּה, לֹא אָמַר כְּלוּם:
(3) One was riding on an animal and saw an object, and said to his fellow, "give it to me." The [other] took it and said, "I have acquired it," [then] he has acquired it [for himself.] If the [other] gave it to him [the one riding the animal] and then said, "I acquired it [for myself] first," [it is as if] he said nothing.
(ד) רָאָה אֶת הַמְּצִיאָה וְנָפַל עָלֶיהָ, וּבָא אַחֵר וְהֶחֱזִיק בָּהּ, זֶה שֶׁהֶחֱזִיק בָּהּ זָכָה בָהּ. רָאָה אוֹתָן רָצִין אַחַר מְצִיאָה, אַחַר צְבִי שָׁבוּר, אַחַר גּוֹזָלוֹת שֶׁלֹּא פָרְחוּ, וְאָמַר זָכְתָה לִי שָׂדִי, זָכְתָה לוֹ. הָיָה צְבִי רָץ כְּדַרְכּוֹ, אוֹ שֶׁהָיוּ גוֹזָלוֹת מַפְרִיחִין, וְאָמַר זָכְתָה לִי שָׂדִי, לֹא אָמַר כְּלוּם:
(4) If he saw an object and fell on it, and another came and took possession of it, the one who took possession of it acquired it. If he saw them running after an object, or after a deer [with a] broken [leg], or after hatchlings that have not yet flown, and he said, "my field has acquired it for me," [the field] has acquired it for him. If the deer was running normally, or the hatchlings were flying, and he said, "my field has acquired it for me," [it is as if] he said nothing.
(א) אֵלּוּ מְצִיאוֹת שֶׁלּוֹ, וְאֵלּוּ חַיָּב לְהַכְרִיז. אֵלּוּ מְצִיאוֹת שֶׁלּוֹ, מָצָא פֵרוֹת מְפֻזָּרִין, מָעוֹת מְפֻזָּרוֹת, כְּרִיכוֹת בִּרְשׁוּת הָרַבִּים, וְעִגּוּלֵי דְבֵלָה, כִּכָּרוֹת שֶׁל נַחְתּוֹם, מַחֲרוֹזוֹת שֶׁל דָּגִים, וַחֲתִיכוֹת שֶׁל בָּשָׂר, וְגִזֵּי צֶמֶר הַבָּאוֹת מִמְּדִינָתָן, וַאֲנִיצֵי פִשְׁתָּן, וּלְשׁוֹנוֹת שֶׁל אַרְגָּמָן, הֲרֵי אֵלּוּ שֶׁלּוֹ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, כָּל שֶׁיֶּשׁ בּוֹ שִׁנּוּי, חַיָּב לְהַכְרִיז. כֵּיצַד. מָצָא עִגּוּל וּבְתוֹכוֹ חֶרֶס, כִּכָּר וּבְתוֹכוֹ מָעוֹת. רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר, כָּל כְּלֵי אֶנְפּוֹרְיָא אֵינוֹ חַיָּב לְהַכְרִיז:
(1) Which are the found items that belong to him [the finder], and which ones must he announce? These are the found items which belong to him [the finder]: if one found scattered fruit, scattered money, sheaves in the public domain, fig-cakes, baker's bread, strings of fish, cuts of meat, wool as it is from the country, bundles of flax and purple wool - these are his [the finder's,] these are the words of Rabbi Meir. Rabbi Yehuda says, anything which has on it a change, one must announce. How so? If one found a cake with a clay shard in it, or a sheaf with money within it. Rabbi Shimon ben Elazar says, any merchandise, one does not need to announce.
(ב) וְאֵלוּ חַיָּב לְהַכְרִיז, מָצָא פֵרוֹת בִּכְלִי אוֹ כְלִי כְּמוֹת שֶׁהוּא, מָעוֹת בְּכִיס אוֹ כִיס כְּמוֹת שֶׁהוּא, צִבּוּרֵי פֵרוֹת, צִבּוּרֵי מָעוֹת, שְׁלשָׁה מַטְבְּעוֹת זֶה עַל גַּב זֶה, כְּרִיכוֹת בִּרְשׁוּת הַיָּחִיד, וְכִכָּרוֹת שֶׁל בַּעַל הַבַּיִת, וְגִזֵּי צֶמֶר הַלְּקוּחוֹת מִבֵּית הָאֻמָּן, כַּדֵּי יַיִן וְכַדֵּי שֶׁמֶן, הֲרֵי אֵלּוּ חַיָּב לְהַכְרִיז:
(2) And these [objects] one is required to announce: if one found fruit in a vessel or a vessel as is, money in a purse or any purse as is, heaps of fruit or heaps of money, three coins stacked one on top of another, sheaves in private property, or home-baked bread, shearings of wool bought from the artisan, jugs of wine or oil - these one must announce.
(ג) מָצָא אַחַר הַגַּפָּה אוֹ אַחַר הַגָּדֵר גּוֹזָלוֹת מְקֻשָּׁרִין, אוֹ בִשְׁבִילִין שֶׁבַּשָּׂדוֹת, הֲרֵי זֶה לֹא יִגַּע בָּהֶן. מָצָא כְלִי בָּאַשְׁפָּה, אִם מְכֻסֶּה, לֹא יִגַּע בּוֹ, אִם מְגֻלֶּה, נוֹטֵל וּמַכְרִיז. מָצָא בְגַל אוֹ בְכֹתֶל יָשָׁן, הֲרֵי אֵלּוּ שֶׁלּוֹ. מָצָא בְכֹתֶל חָדָשׁ, מֵחֶצְיוֹ וְלַחוּץ, שֶׁלּוֹ, מֵחֶצְיוֹ וְלִפְנִים, שֶׁל בַּעַל הַבָּיִת. אִם הָיָה מַשְׂכִּירוֹ לַאֲחֵרִים, אֲפִלּוּ בְתוֹךְ הַבַּיִת, הֲרֵי אֵלּוּ שֶׁלּוֹ:
(3) If one found, behind a hedge or a fence, a group of tied-together fledglings, or in the pathways of fields - one should not touch them. If one found a vessel in a trash-heap: if it was covered, one should not touch it, but if it was exposed, one should take and announce [it]. If one found [an object] in a stone-pile or in an old wall, these belong to him [the finder]. If one found [an object] in a new wall: from the middle [of the wall] to the outside, these belong to him [the finder], [but] from the middle [of the wall] to the inside, these belong to the owner of the house. If the house had been rented to others, [then] even something [found] within the house [itself] these belong to him [the finder].
(ד) מָצָא בַחֲנוּת, הֲרֵי אֵלּוּ שֶׁלּוֹ. בֵּין הַתֵּבָה וְלַחֶנְוָנִי, שֶׁל חֶנְוָנִי. לִפְנֵי שֻׁלְחָנִי, הֲרֵי אֵלּוּ שֶׁלּוֹ. בֵּין הַכִּסֵּא וְלַשֻּׁלְחָנִי, הֲרֵי אֵלּוּ לַשֻּׁלְחָנִי. הַלּוֹקֵחַ פֵּרוֹת מֵחֲבֵרוֹ אוֹ שֶׁשָּׁלַח לוֹ חֲבֵרוֹ פֵּרוֹת, וּמָצָא בָהֶן מָעוֹת, הֲרֵי אֵלּוּ שֶׁלּוֹ. אִם הָיוּ צְרוּרִין, נוֹטֵל וּמַכְרִיז:
(4) If one found [an object] in a store, these belong to him [the finder]. Between the counter and the shopkeeper, these belong to the shopkeeper. In front of the money-changer, these belong to him [the finder]. Between the seat and the money-changer, these belong to the money-changer. The one who buys fruits from another or who sent fruit to another, and within them found coins, these belong to him [the finder]. [But] if they were tied [together], one should take [them] and announce [their finding].
(ה) אַף הַשִּׂמְלָה הָיְתָה בִכְלָל כָּל אֵלֶּה. לָמָּה יָצָאת. לְהָקִּישׁ אֵלֶיהָ, לוֹמַר לְךָ, מַה שִּׂמְלָה מְיֻחֶדֶת שֶׁיֶּשׁ בָּהּ סִימָנִים וְיֶשׁ לָהּ תּוֹבְעִים, אַף כָּל דָּבָר שֶׁיֶּשׁ בּוֹ סִימָנִים וְיֶשׁ לוֹ תוֹבְעִים, חַיָּב לְהַכְרִיז:
(5) Even a garment is in the same general rule of all of these. Why [did the Torah] specify it? To compare to it, to say to you: just as a garment is special in that it has markings, and [if lost] there are claimants for it, so too anything which has markings and has claimants for it, one must announce [it].
(ו) וְעַד מָתַי חַיָּב לְהַכְרִיז. עַד כְּדֵי שֶׁיֵּדְעוּ בוֹ שְׁכֵנָיו, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, שָׁלשׁ רְגָלִים, וְאַחַר הָרֶגֶל הָאַחֲרוֹן שִׁבְעָה יָמִים, כְּדֵי שֶׁיֵּלֵךְ לְבֵיתוֹ שְׁלשָׁה וְיַחֲזֹר שְׁלשָׁה וְיַכְרִיז יוֹם אֶחָד:
(6) And until when must one announce [the object]? Until one's neighbors knew of it - these are the words of Rabbi Meir. Rabbi Yehuda says, the three pilgrimage festivals, and after the last festival, seven days - in order that [someone] will go home - three, and will return - three, and will announce - one day.
(ז) אָמַר אֶת הָאֲבֵדָה וְלֹא אָמַר סִימָנֶיהָ, לֹא יִתֶּן לוֹ. וְהָ רַמַּאי, אַף עַל פִּי שֶׁאָמַר סִימָנֶיהָ, לֹא יִתֶּן לוֹ, שֶׁנֶּאֱמַר (דברים כב) עַד דְּרשׁ אָחִיךָ אֹתוֹ, עַד שֶׁתִּדְרשׁ אֶת אָחִיךָ אִם רַמַּאי הוּא אִם אֵינוֹ רַמָּאי. כָּל דָּבָר שֶׁעוֹשֶׂה וְאוֹכֵל, יַעֲשֶׂה וְיֹאכַל. וְדָבָר שֶׁאֵין עוֹשֶׂה וְאוֹכֵל, יִמָּכֵר, שֶׁנֶּאֱמַר (שם) וַהֲשֵׁבֹתוֹ לוֹ, רְאֵה הֵיאַךְ תְּשִׁיבֶנּוּ לוֹ. מַה יְּהֵא בַדָּמִים. רַבִּי טַרְפוֹן אוֹמֵר, יִשְׁתַּמֵּשׁ בָּהֶן, לְפִיכָךְ אִם אָבְדוּ חַיָּב בְּאַחֲרָיוּתָן. רַבִּי עֲקִיבָא אוֹמֵר, לֹא יִשְׁתַּמֵּשׁ בָּהֶן, לְפִיכָךְ אִם אָבְדוּ אֵינוֹ חַיָּב בְּאַחֲרָיוּתָן:
(7) If one described the lost object but not its markings, one should not give [it] to him. And the deceiver, even though he described its markings, one should not give [it] to him, as the Torah states, (Deuteronomy 22:2) "Until your brother sought darash it": Until you investigate tidrosh [whether] your brother is a fraud [or] if he is not a fraud. Anything which does work and eats, one may use it [to do work] and feed it. Something which does not work but does eat, [the finder] must sell it, as the Torah states, (Deuteronomy 22:2) "You shall return it to him": See how you shall return it to him. What should be [done] with the money? Rabbi Tarfon says, one may use them - therefore, if [the money] was lost, he is responsible for them. Rabbi Akiva says, one may not use them, therefore if [the money] was lost, he is not responsible for them.
(ח) מָצָא סְפָרִים, קוֹרֵא בָהֶן אַחַת לִשְׁלֹשִׁים יוֹם. וְאִם אֵינוֹ יוֹדֵעַ לִקְרוֹת, גּוֹלְלָן. אֲבָל לֹא יִלְמֹד בָּהֶן בַּתְּחִלָּה, וְלֹא יִקְרָא אַחֵר עִמּוֹ. מָצָא כְסוּת, מְנַעֲרָהּ אַחַת לִשְׁלֹשִׁים יוֹם. וְשׁוֹטְחָהּ לְצָרְכָּהּ, אֲבָל לֹא לִכְבוֹדוֹ. כְּלֵי כֶסֶף וּכְלֵי נְחֹשֶׁת, מִשְׁתַּמֵּשׁ בָּהֶן לְצָרְכָּן, אֲבָל לֹא לְשָׁחֳקָן. כְּלֵי זָהָב וּ כְלֵי זְכוּכִית, לֹא יִגַּע בָּהֶן עַד שֶׁיָּבֹא אֵלִיָּהוּ. מָצָא שַׂק אוֹ קֻפָּה, וְכָל דָּבָר שֶׁאֵין דַּרְכּוֹ לִטֹּל, הֲרֵי זֶה לֹא יִטֹּל:
(8) If one found sefarim [books of the Tanach written in holiness, on parchment, and used for personal or public study, or for reading aloud in public. Sometimes the intent is specifically Torah scrolls], one should read from them once every thirty days and if one does not know how to read, he should roll them. However, one should not learn from them for the first time, nor may one read [from them] with someone else. If one found clothing, one should shake it once every thirty days, and spread it out [according] to its need, but not to honor himself [by hanging it in his home]. Utensils of silver or bronze, one should use them [according] to their need, but not to wear them out. Utensils of gold or glass one should not touch them until Eliyahu comes. If one found a bag or a box, or anything which is undignified to pick up - one should not pick [it] up.
§ The mishna teaches: Rabbi Shimon ben Elazar says: If one finds any anpurya vessels (new vessels that one does not yet recognize well), he is not obligated to proclaim his find. The Gemara asks: What are anpurya vessels? Rav Yehuda says that Shmuel says: They are new vessels, as the eye of its purchaser has not yet sufficiently seen them to be able to recognize them. The Gemara asks: What are the circumstances? If there is a distinguishing mark on the vessels, when the eye of its purchaser has not yet sufficiently seen them, what of it? He can describe the mark after even a short glance and claim his item. If there is no distinguishing mark on the vessels, then when the eye of the one who purchases them has sufficiently seen them, what of it?
The Honesty of Rabbi Shimon ben Shetach:
A great scholar lived in Jerusalem many years ago. His name was Rabbi Shimon ben Shetach. He was a God fearing man and spent all his time in the study of the Torah. Rabbi Shimon ben Shetach had many disciples and students, but he never accepted any fees from them. He earned his meager livelihood by making ink. Early in the morning Rabbi Shimon ben Shetach would go to the woods and gather a sack-full of chestnuts and carry it home on his shoulders. Out of these nuts he would make ink and sell it.
Rabbi Shimon ben Shetach was very poor, but he had no regrets except one - that too much time was wasted on carrying the loads of nuts on his bare shoulders. How he wished he could spend this time in the company of his students and teach them more and more of the Divine wisdom of the Torah. Finally, he decided to buy a mule. He sold the chattels of his home and bought a mule.
When he brought the mule from the market, his students went out to see it. They stroked it and petted it and admired it, and then they suddenly discovered a precious stone hanging down from its neck, hidden in a little bag. The students rushed into the house. "God's name be praised!", they exclaimed. "God has rewarded your piety. You are a wealthy man now! Our dear master shall know no more want!"
They showed him the precious diamond which they had discovered on the mule. But Rabbi Shimon ben Shetach did not share their excitement.
"G‑d forbid, that I take this diamond," he said. "I only bought a mule from that Ishmaelite, and this diamond does not belong to me."
Whereupon Rabbi Shimon ben Shetach ran to the market in search of the man who had sold him the mule. He found the Ishmaelite and returned to him the precious stone. The Ishmaelite was amazed at such unheard of honesty.
"Blessed be the God of Rabbi Shimon ben Shetach!", he exclaimed, and never became tired of repeating it over and over again (based on Deuteronomy Rabbah 3:3)