הסדרה בהלכה - בראשית לא - השבת אבידה לגוי

Then their father Israel said to them, “If it must be so, do this: take some of the choice products of the land in your baggage, and carry them down as a gift for the man—some balm and some honey, gum, ladanum, pistachio nuts, and almonds. And take with you double the money, carrying back with you the money that was replaced in the mouths of your bags; perhaps it was a mistake.

If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer. If your fellow Israelite does not live near you or you do not know who [the owner] is, you shall bring it home and it shall remain with you until your peer claims it; then you shall give it back. You shall do the same with that person’s ass; you shall do the same with that person’s garment; and so too shall you do with anything that your fellow Israelite loses and you find: you must not remain indifferent.

Rav Yehuda says that Rav says: One who marries his daughter to an old man, and one who takes a wife for his minor son, and one who returns a lost item to a gentile are all individuals who are the cause of sin. Marriage to an old man or a minor leaves the woman unsatisfied and is apt to lead to licentiousness. One who returns lost property to gentiles adds to the property that they stole from Jews. With regard to each of them the verse states: “Lest there should be among you a man or a woman…whose heart turns away this day from the Lord…saying: I will have peace, even though I walk in the stubbornness of my heart, that the quenched shall be added to the thirsty. The Lord will not be willing to pardon him” (Deuteronomy 29:17-19).

The Gemara cites another statement related to stealing from a gentile. Rav Beivai bar Giddel says that Rabbi Shimon Ḥasida says: It is prohibited to rob a gentile, but it is permitted to retain his lost item, i.e., one is not required to return it to him. The Gemara examines the basis for each of these rulings: It is prohibited to rob a gentile, as Rav Huna says: From where is it derived that it is prohibited to rob a gentile? It is derived from a verse, as it is stated: “And you shall consume all the peoples that the Lord your God shall deliver unto you” (Deuteronomy 7:16), indicating that it is permitted to consume the other nations’ property only when they are delivered into your hand, i.e., in times of war, but not when they are not delivered into your hand. It is permitted to retain his lost item, as Rav Ḥama bar Gurya says that Rav says: From where is it derived that it is permitted to retain the lost item of a gentile? It is derived from a verse, as it is stated with regard to the mitzva of returning a lost item: “With every lost thing of your brother’s” (Deuteronomy 22:3), indicating that it is only to your brother that you return a lost item, but you do not return a lost item to a gentile. The Gemara questions this derivation: But say that this applies only where the item has not yet come into the Jew’s hand, as he is not obligated to pursue it in an effort to find the lost item and return it. But in a case where the item had already come into his hand, say that he must return it to the gentile. The Gemara answers that Ravina said: It is understood from the verse itself, as it states: “And so shall you do with every lost thing of your brother’s, which he has lost, and you have found” (Deuteronomy 22:3), which indicates that the verse refers even to an item that has already come into one’s hand. It is taught in a baraita that Rabbi Pineḥas ben Ya’ir says: In a case where there is a concern that retention of an article lost by a gentile will result in the desecration of God’s name, it is prohibited even to retain a gentile’s lost item. The Gemara adds: Shmuel says that it is permitted to financially benefit from a business error of a gentile, i.e., it need not be returned. The Gemara notes that this is like that incident where Shmuel purchased a golden bowl [lakna] from a gentile in exchange [bemar] for the price of an iron bowl, which was four dinars, and Shmuel included one additional dinar in the payment so that the gentile would not realize his mistake. The Gemara relates another incident: Rav Kahana purchased one hundred and twenty barrels from a gentile for the price of one hundred barrels, and he included one additional dinar in the payment. Rav Kahana said to him: Take note that I am relying upon you to check that the transaction has been carried out properly. The Gemara records a third episode: Ravina and a gentile purchased a palm tree together in order to chop it up and split the wood between them. Ravina said to his attendant: Hurry and precede the gentile so that you can bring my share of the wood from the trunk of the tree, which is thicker than the upper part of the tree, as the gentile knows only the number of logs that he is due to receive and will not realize that you are taking thicker pieces. The Gemara relates a final anecdote: Rav Ashi was traveling on the road and he saw a branch of a grapevine in an orchard, and there were clusters of grapes hanging on it. He said to his attendant: Go see to whom these clusters belong. If they are owned by a gentile, bring some to me, but if they are owned by a Jew, do not bring me any. A certain gentile who was sitting in the orchard overheard Rav Ashi’s instructions. The gentile said to him: Is it permitted to steal the property of a gentile? Rav Ashi said to him: A gentile takes money for his grapes, and I intended to pay for them, but a Jew does not take money for his grapes and I did not want to take them without paying for them. § The Gemara relates to the matter of civil law itself. Shmuel says: The law of the kingdom is the law, and the halakhic principle is that Jews must obey the laws of the state in which they reside. Rava said: Know that this principle is true from the fact that the municipal authorities cut down palm trees without the consent of their owners and construct bridges from them, and yet we cross over them. Evidently, the wood is not considered stolen property, which one is prohibited from using, because the law of the kingdom is the law.

Simeon ben Shetaḥ was working with linen. His students said to him, Rabbi, in order to make it easier for you we want to buy a donkey, then you will not have to work so hard. They went and bought a donkey from a Saracen; a pearl was hanging on its neck. They came to him saying, because of this you will not have to work anymore. He said to them, why? They told him, we bought for you a donkey from a Saracen and a pearl is hanging on its neck. He asked them, does its owner know about this? They answered, no. He told them, go and return it. But did not Rav Huna, Bevay bar Gozlan, in the name of Rav say, they objected before Rebbi: Even according to him who says that an object robbed from a Gentile is forbidden, everybody agrees that what he lost is permitted. Do you think that Simeon ben Shetaḥ was a barbarian? Simeon ben Shetaḥ wanted to hear: Praised be the God of the Jews, more than any gain in this world. The following implies the same. Rebbi Ḥanina reports the following case: The elder rabbis bought a heap of wheat from the household of the general and found in it a bundle of denars. They returned it to them. They said, praised be the God of the Jews. Abba Oshaia from Tireh [was a washer. The queen came to bathe in a water pond. She lost her בינדילנין; he found it. When she left, he handed it to her.] She said, this is for you; it is not important for me and I have more of this. He told her, the Torah decided that we have to return it. She said, praised be the God of the Jews. Rebbi Samuel bar Sosarṭai went to Rome. The queen had lost her דילניה but he found it. A herold went through the city: One who will return it within 30 days will receive such and such; after 30 days his head will be lifted from him. He did not return it within 30 days. After 30 days he returned it. She asked him, had you not been in the city? He answered, yes. She asked him, had you not heard the voice of the herold? He answered, yes. She asked him, what did he say? He answered, one who will return it within 30 days will receive such and such; after 30 days his head will be lifted from him. She asked him, why did you not return it within 30 days? He answered, one should not say that I acted out of fear of you, but out of fear of the Merciful. She said to him, praised be the God of the Jews.

It is permissible to keep an object lost by an idolater, for Deuteronomy 22:3 speaks of returning "an object lost by your brother." Indeed, if one returns such an article, one transgresses a prohibition, for one strengthens the power of the wicked peoples of the world. If, however, one returns it to sanctify God's name, so that others will praise the Jewish people and know that they are trustworthy, this is praiseworthy.
When there is a possibility of the desecration of God's name, it is forbidden to keep an object lost by an idolater, and it must be returned. As part of "the ways of peace," we should always bring in their utensils from the outside, lest they be taken by thieves, as we do for utensils owned by Jews.