Halachos for Tuesday, November 10, 2020

 

1) If one finds money which is identifiable (e.g. a certain amount found bundled together with a red rubber band, or if it was found in a distinct place), and cannot locate the owner, M'Ikar Hadin it may not be used and must be held on to until the arrival of Eliyahu Hanavi. (See Shulchan Aruch Choshen Mishpat Siman 267:25)

 

However, the Poskim rule that as long as one has that amount of money on hand and will be able to return the full amount to the owner as soon as he is found, he may then use the found money and there is no need to hold on to those specific bills or coins. (The reasoning is that nowadays money is usually placed in a bank, and when a person comes to retrieve his money he indeed expects the full amount to be available right away, but he does not expect the exact bills and coins he deposited to be returned to him, only their value.Ruling of HaRav Nisim Karelitz Zatzal quoted in Hashovas Aveidah K'Halacha page 73 footnote 18)

 

2) If the money got stolen or lost, if it was not used at all by the finder, then he is not liable to reimburse the owner for its value, as he is only a Shomer Chinam. (Shulchan Aruch and Rama Siman 267:25)

 

However, if the finder did use the money he will indeed be liable to reimburse the owner for the full amount in the event that it got lost or stolen. (Ruling of HaRav Nisim Karelitz Zatzal based on Shulchan Aruch ibid.)

 

Halachos for Wednesday, November 11, 2020

 

1) If one finds a lost object that does not have a Siman, in a Shul, Yeshiva or Bais Medrash, it belongs to the finder and does not become the property of the Shul. (Ruling of the Mogen Avraham quoted in Mishna Berura Siman 154:59). The aforementioned Halacha applies to an object found in the courtyard of the Shul, Yeshiva or Bais Medrash as well. (bid.)

 

2) Seforim that are found in a Bais Medrash or Shul are assumed to have been placed there by the owner, and are generally not subject to the Halachos of Hashovas Aveidah.

 

However, if the finder knows that this particular Sefer has been sitting around untouched for a long time already, he can assume that the owner had Yiush, and thus the finder can keep the Sefer for himself, even if there is a Siman. (Ruling of HaRav Nisim Karelitz Zatzal based on Shulchan Aruch Choshen Mishpat Siman 262:5. See also Shu"t Igros Moshe Orach Chaim Vol. 5 Siman 9:8 regarding a Shul that has a secure Lost & Found and regarding if the Shul can take these Seforim for the Shul's library). Although there is no obligation to return these items, if the owner is identified it is praiseworthy (L'fnim Mishuras Hadin) to return it to him. (See Shulchan Aruch HaRav Hilchos Metziah U'Pikadon Siman 18)

 

Halachos for Thursday, November 12, 2020

 

1) If one finds a towel, a garment, soap or shampoo or another bathing item in a Mikvah or bathhouse , and it was seemingly placed there intentionally, he should not touch it as most likely the owner placed it there for his future use. (See Shulchan Aruch Choshen Mishpat Siman 260:9 and10)

 

2) If, however, it seems like it was forgotten there by someone (e.g. it is haphazardly laying on a bench or otherwise not put away in a safe place), if it has a Siman on the actual item it must be announced and is subject to all the Halachos of Hashovas Aveidah. (See Shulchan Aruch Chosen Mishpat Siman 262:3 and Shu"t Minchas Yitzchak Vol. 3 Siamn 17). If it does not have a Siman, the finder can keep the item.

 

If it is evident that the item has been laying there for a long time we can assume that the owner had Yiush and the finder can keep the item even if it has a Siman. (See Shulchan Aruch Chosen Mishpat Siman 262:5)

 

Halachos for Erev Shabbos Kodesh, November 13, 2020

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) It is very common nowadays, and also very sensible, for all Shuls, Mikvaos and other public places, to hang notices in conspicuous places throughout the facility stating that all items left in the building that aren't claimed within a certain amount of time become the property of the facility to do with as they please. (See Igros Moshe Choshen Mishpat Vol. 2 Siman 45:2 and Shu"t Minchas Yitzchak Vol. 8 Siman 146)

 

2) Once such a notice is properly in place, the caretakers of the facility may indeed do as they please with all items left there beyond the cut-off time, and need not be concerned that perhaps the owner of the item did not see the notice. (See Igros Moshe ibid.)

 

Halachos for Shabbos Kodesh

 

1) An author of a Sefer that places a sample of his work in a Yeshiva, Shul or another public place, does so with the knowledge that he very likely will never get that sample back; there is no obligation to return it to him, as the Sefer is Hefker and the caretakers of the facility may do with it as they please. (Ruling of HaRav Nisim Karelitz Zatzal quoted in Hashovas Aveida K'halacha page 79 footnote 15)

 

2) If one finds money in a Shul, even if it's lying right near the Tzedaka boxes, he does not have to assume that it fell out of a Pushka; rather he can treat it as he treats any other money he finds. (ibid.)

 

Halachos for Sunday November 15, 2020

 

1) It is common in many Shuls, at various auspicious times during the year such as Erev Yom Kippur or Purim, for individuals or organizations to put out plates on the Bimah for people to place Tzedaka into.

 

If one notices such a plate with money in it laying around beyond the normal time for it to have been picked up, and it is obvious that the person who put it out forgot to retrieve it, there is an obligation to deliver the money to its intended place. (Ruling of HaRav Nisim Karelitz Zatzal quoted in Hashovas Aveida K'Halacha page 80)

 

2) As a practical piece of good advice to the gabaim and other caretakers of Shuls, a notice should be conspicuously placed, near where these plates are laid out, stating that plates may only be placed down with the understanding that any monies not removed by the end of the day will become the property of the Shul. (ibid.)

 

Halachos for Monday, November 16, 2020

 

1) One who finds a loose piece of paper, in a Shul or Bais Medrash, with Torah notes written on them, may hang it up on the bulletin board near the place where it was found and no other notices need to be hung regarding finding it. (Ruling of HaRav Nisim Karelitz Zatzal quoted in Hashovas Aveidah K'Halacha page 80 footnote 19)

 

2) Obviously. Care must be taken that the piece of paper is hung in such a way that it doesn't get ruined, i.e. no other signs should be taped on top of it etc. (ibid.)

 

Halachos for Tuesday, November 17, 2020

 

1) It is a common occurrence in Shuls, Yeshivos, wedding halls, Shiva houses and other public places that a switch takes place and someone inadvertently takes a coat, Tallis, umbrella or other item that looks like theirs but in reality belongs to someone else.

 

Upon realizing that a switch took place, it is prohibited to continue using the item. Rather, all the Halachos of Hashovas Aveida apply and a notice must be hung in the area where the switch took place announcing that the item was "found". (See Shulchan Aruch Choshen Mishat Siman 136:2)

 

2) If a long while passes and nobody claimed the switched item, assuming the item is not especially valuable, it may be used provided the criteria of "Munach Ad Sheyavo Eliyahu" are followed as we learnt previously.

 

Moreover, if the item is such that seemingly the person who it was switched with has no idea that any switch took place (e.g. it was virtually identical and no name on it or other good Siman) and he is most likely happily using the item he inadvertently received instead, provided that it isn't an item that people are particular to not let others use, he may use that person's item as well. (Ruling of Maran HaRav Yosef Shalom Elyashiv and HaRav Shlomo Zalmen Auerbach Zichronal L'vracha quoted in Hashovas Aveidah K'Halacha page 81 footnote 24. See also what is written there about reciting a Bracha on such an item, if it is Tzitzis or a Tallis, and regarding lending the item to someone else, as although it may be used it may still not be considered "yours".)

 

Halachos for Wednesday, November 18, 2020

 

1) One who rents or buys an apartment or home and upon moving in finds an item, should keep the following in mind:

 

If the item was found in a place that is open for all to see and has a Siman according to some Poskim it must be announced and follow all the Halachos of Hashovas Aveidah. (See Shulchan Aruch Choshen Mishpat Siman 260:3 and Shach Os 11)

 

Other Poskim, however, rule that it belongs to the previous occupant of the home. (See Nesivos HaMishpat Siman 260:7)

 

If there is no Siman on the item, according to all Poskim it belongs to the previous occupant. (Shulchan Aruch ibid.)

 

2) If the item was found in a place that is not open for all to see (e.g. in the attic), if it has a Siman, according to some Poskim he must announce it and according to some Poskim the new occupant may keep the item. (Shach and Nesivos HaMishpat ibid.), If it has no Siman, all agree that he can keep the item. (ibid.)

 

If the item was found in an extremely hidden place (e.g. under the floor boards), some say it belongs to the new occupant, while others say [if it's a rental] it belongs to the owner of the home, and not the renter. (ibid. See also Sma Siman 313:5)

 

Halachos for Thursday, November 19, 2020

 

1) If one rents a room in a hotel, nursing home, rehabilitation center and similar settings, and upon entering finds an item, if the item has a Siman it should be returned to the previous occupant, provided that it was a Jew. (Shulchan Aruch Siman 260:3 and Shach there Os 11)

If the item has no Siman, the finder can keep it. (ibid. and Sma Os 12)

 

2) The aforementioned Halacha applies only to a hotel-like situation where the owner does not enter the rooms often. However, in a small guest house or similar situation where the owner does indeed enter the rooms often, between guests, all the items that are found that have no Siman belong to the owner.

 

If they do have a Siman, the owner is obligated to announce it and follow all the Halachos of Hashovas Aveidah. (If cleaning crews are employed to clean the rooms, the owner does not necessarily get to keep the found items. See Sefer Hashovas Aveida K'Halacha page 87 footnote 15 and 16 in detail)

 

Halachos for Erev Shabbos Kodesh, November 20, 2020

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) If one finds money or another item in a store, keep in mind the following:

 

If it was found behind the counter, where only the storeowner is found, it belongs to the storeowner regardless if it has a Siman. (Shulchan Aruch Choshen Mishpat Siman 260:5)

If the storeowner says that it isn't his item, if it has no Siman he may keep it, if it has a Siman he must announce it and follow all the Halachos of Hashovas Aveidah.(As it is his "Chatzer, domain", and it assumes ownership for him)

 

If it was found in front of the counter, or anywhere else in the store where customers are found, if it has no Siman (or even if it has a Siman but the majority of the customers are Aino-Yehudim) the finder can keep it. (ibid.)

 

If it does have a Siman, some Poskim rule that the finder must announce it and follow all the Halachos of Hashovas Aveidah. ( ibid. See also Sm"a Os17)

 

2) If the item was found on the actual counter, some rule that regardless if it has a Siman, it belongs to the storeowner.(Rama ibid.)

 

Other Poskim rule that if it has no Siman, the finder can keep it, and if it has a Siman he is obligated to announce it. (ibid. See also Aruch Hashulchan 260:12)

 

All agree that if it common for both the storeowner as well as customers to place personal items on this counter, it belongs to the finder.

 

All of the rules of a store apply to a bank as well with the exception of finding money on the actual counter, where all Poskim agree it doesn't belong to the bank or any of its employees, rather , if it has no Siman it belongs to the finder, and if it does have a Siman the finder must announce it (unless the majority of customers are Aino-Yehudim, in which case he may keep it even if it has a Siman). (Shulchan Aruch ibid.)

 

Halachos for Shabbos Kodesh

 

1) One who places an order from a store, and upon receiving his order finds an item amongst the items that is not his, he may use the item. (Hashovas Aveida K'hlacha page 89 footnote 35, based on Shulchan Aruch Choshen Mishpat Siman 262:17)

 

2) If a storeowner finds an item in his store which evidently was placed there by a customer who then forgot it there (e.g. an umbrella laying beside the front entrance) is obligated to announce the item via placing a notice in a prominent place in the store as well as placing an ad in a local newspaper or similar way.

 

If it isn't claimed, he should hold on to it until the arrival of Eliyahu Hanavi, as we learnt previously.

 

As a prudent piece of advice, all storeowners should hang a notice in their stores, in a conspicuous place, stating that all object left in the store beyond a certain amount of time will become theirs to do with as they please. (Ruling of HaRav Nisim Karelitz Zatzal)

 

Halachos for Sunday November 22, 2020

 

1) When an item is given in to a repair shop for fixing, the repair person becomes a Shomer (caretaker) for the item, and must ensure that it doesn't get ruined or broken.

 

If a period of time passed, beyond what is considered normal time to retrieve an item, and the owner did not come to retrieve it, the repair person can deem it Hefker and do with it as he desires. (Ruling of HaRav Nisim Karelitz Zatzal)

 

Of course, it would be better if the repair person hangs a clear notice in his shop stating that all items not retrieved by a certain time frame (e.g. 30 days or 90 days) will be deemed Hefker.

 

2) If an item was purchased in a store owned by a non-observant Jew, and during the transaction a mistake was made in the calculation where the store owner would lose money, there is an obligation to point out the mistake.

 

If, however, the storeowner is a Mumar L'Hachis (one who is not observant in a rebellious way against Hashem; details of this classification are too complex for this forum at this time) there is no obligation to notify him of the mistake.

 

However, if by not pointing out the mistake there is a chance that a Chilul Hashem will ensue, the mistake must be pointed out. (Ruling of HaRav Nisim Karelitz quoted in Hashovas Aveidah K'Halacha page 90 footnote 41)

 

Halachos for Monday, November 23, 2020

 

1) One who finds an item that belongs to a minor, such as a child's watch, a child's jewelry, balls, toys, stationary collection or any other similar item and it has a Siman, must announce it and follow all of the Halachos of Hashovas Aveidah. (See Shulchan Aruch Choshen Mishpat Siman 243:18 that it's possible to be zoche, acquire an item, on behalf of a minor to deem the minor as the owner. If, however, the item was simply given to the minor to use and wasn't attained for him, via Zechiya, the item may be considered ownerless, halachically known as Aveida M'Da'as, and won't be subject to the Halachos of Hashovas Aveidah. For Halacha L'ma'aseh a Rav should be consulted.

 

2) If it does not have a Siman it must be held onto until the arrival of Eliyahu Hanavi at which time its owner will be identified, as the Yiush of a minor does not work. (See Nesivos Hamishpat Siman 260:11.)

 

Halachos for Tuesday, November 24, 2020

 

1) One who finds an item which was bought for a minor's use, but wasn't acquired for him to deem him the owner, such as a pacifier, a baby bottle, a child's clothing and similar items, if it has a Siman it must be announced, like any other lost item of an adult. (Shulchan Aruch Choshen Mishpat Siman 262:3)

 

2) If the item does not have a Siman, if it seems that the item fell from the minor while he was close to his parents and they probably noticed that it was gone almost immediately after it fell, and before it was found (as is common for pacifiers, bottles, clothing etc.), then he may keep it, as we assume they had Yiush.

 

However, if the item is such that the parents would not necessarily notice right away that it went missing, and thus it was probably found before they had Yiush, it is considered "Yiush Shelo M'Da'as", and must be held onto until Eliyahu HaNavi arrives to identify the owner.

 

Halachos for Wednesday, November 25, 2020

 

1) If a minor finds a lost item, if he is still a dependent of his father's table, Chazal instituted that the item belongs to the father. (See Shulchan Aruch Choshen Mishpat Siman 270:2. One of the reasons is due to Hakoras Hatov to the father for feeding his children; see S'ma Os 2)

 

Thus, if the lost item is of the variety that requires announcing, that obligation is incumbent on the father to fulfill. (Ruling of Maran HaRav Yosef Shalom Elyashiv Zatzal quoted in Hashovas Aveida K'Halacha page 95 footnote 11)

 

Of course, if he wants to allow the child to do the announcing, as a way of Chinuch, he may do so as long as he oversees that it is all done according to the dictates of Halacha.

 

2) If an orphan finds a lost item, he keeps it, even if he is a dependent at someone's table. (See Shulchan Aruch Choshen Mishpat Siman 279:1 and 2 and S'ma Os 9)

 

 

Halachos for Thursday, November 26, 2020

 

1) If a minor finds an item and decides to keep it and not give it to his father as he is supposed to, it is treated like any other theft by a minor; if the item still exists we take it from him, if it no longer exists he is not obligated to pay for its value, even when he becomes a Gadol. (See Shulchan Aruch Choshen Mishpat Siman 349:3.)

 

He should, however, be chastised for this, or any, stealing. (See Shulchan Aruch Choshen Mishpat Siman 349:5. See also Shulchan Aruch Orach Chaim Siman 343:1 and Mishna Berura S"K 7 and Sha'ar HaTziyun Os 15)

 

2) Although the minor is not obligated to return the lost item when he becomes a Gadol, it is still praiseworthy, L'Fnim M'Shuras haDin, to indeed do so. (Mishna Berura Siman 343 S"K 9)

 

Halachos for Erev Shabbos Kodesh, November 27, 2020

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) One who spots a lost item [belonging to a Jew] is obligated to pick it up and return it, without charging for this action. (Shulchan Aruch Choshen Mishpat Siman 265:1)

 

In fact, he must exert his full energy into getting the item back to its rightful owner, even if the item is worth very little money (as long as it's worth more than a perutah) (See Shulchan Aruch HaRav Hilchos Metziah U'Pikadon Siman 33)

 

2) If the appreciative owner wants to pay the finder for his service, the finder should tell him that he did it for the Mitzvah and not for any monetary reward.

 

If the owner insists that he still wants to compensate the finder for his good deed, it is permissible for the finder to accept the reward. (See Shu"t Teshuvos V'Hanhagos Vol. 3 Siman 463)

 

 

Halachos for Shabbos Kodesh

 

 

1) There is no obligation to spend money in order to fulfill the obligation of Hashovas Aveidah.

 

Thus, if one will incur a financial loss by returning a lost item he is exempt from doing so. (See Shulchan Aruch HaRav ibid. See also Bais Yosef Choshen Mishpat Siman 426 quoting the Rosh in Sanhedrin 73 and Shu"t Chavos Ya'ir Siman 165)

 

2) Even if one will have to forgo on a profit, in order to fulfill Hashovas Aveida, he is exempt from doing so. (Shulchan Aruch HaRav ibid.)

 

However, if the finder is sure that the owner will compensate him for his financial loss or loss of profit incurred due to his returning the lost item, he is indeed obligated to spend the money or forgo the profit in order to return the item to its rightful owner. (See S'ma Siman 426:1)

 

Halachos for Sunday December 20, 2020

 

1) If due to being busy with picking up and returning a lost item it will cause the finder to arrive late to work and thus cause him to lose part of his [hourly] wages, he is exempt from busying himself with the item in the first place.

 

2) However, if the hours lost can be made up by staying at work later or otherwise, and thus not cause any loss in wages, he is obligated in all the Halachos of Hashovas Aveidah. (See Hashovas Aveida K'Halacha page 100 footnote 7 )

 

 

Halachos for Monday, December 21, 2020

 

1) One who spots a lost item at a bus stop while waiting for the bus, and dealing with it will cause him to miss the bus and be late for work, is not obligated to pick it up, as the loss of time is considered a loss of money. (Ruling of Maran HaRav Yosef Shalom Elyashiv Zatzal quoted in Hashovas Aveidah K'Halacha age 100 footnote 8)

 

) However, if he already picked it up, he has already obligated himself and may not put it back down or give it over to someone else to deal with. (as once he picks it up he becomes a Shomer, a watchman, and he is responsible for the item and it is Asur for a Shomer to give it over to another Shomer. Ibid. footnote 9)

 

 

Halachos for Tuesday, December 22, 2020

 

1) Even if one will end up losing time from learning Torah (Bitul Torah) due to being involved with returning a lost object, he is still obligated to do so, as the principal purpose of learning Torah is in order to fulfill its commandments. (Ruling of Maran HaRav Yosef Shalom Elyashiv and HaRav Moshe Feinstein Zichronam L'Vracha, quoted in Hashovas Aveidah K'Halacha page 101 footnote 12)

 

2) While one is actively involved in the Mitzvah of Hashovas Aveidah he is exempt from Krias Shma and Tefilah, provided he could not make the time to accomplish both. (Not a common occurrence. See Igros Moshe Orach Chaim Vol. 5 Siman37:7)

 

Halachos for Wednesday, December 23, 2020

 

​1) One who finds a lost object that according to Halacha he is permitted to keep, and it is a valuable item which gladdens his heart, may recite the Bracha of "SheHechiyanu". (See Shulchan Aruch Orach Chaim Siman 222:4 and Mishna Berura S"K 6 and Sha'arei Tziyun Os 6)

If the item will bring pleasure to others in his family as well, he should recite "HaTov V'haMeitiv" instead of "SheHechiyanu". (Shulchan Aruch Orach Chaim Siman 223:5. See also archives of Halachos of SheHechiyanu @ www.HalachaForToday.com for more on this concept.)

 

2) If the item was found during Bein HaMetzarim, it is best to hold off on reciting "SheHechiyanu" until after Tisha B'Av; HaTov V'hameitiv may be recited immediately.

If, however, by pushing off reciting "SheHechiyanu" until after Tish B'Av the joy will wane, many Poskim allow it to be recited immediately.

 

As well, if the item was found on Shabbos, "SheHechiyanu" may be recited even though it's Bein Hametzorim. (See Rama Siman 551:17 and Mishna Berura Siman 551:98 and Sefer Hashovas Aveida K'Halacha page 105 footnote 3 and 4)

 

 

Halachos for Thursday, December 24, 2020

 

1) If one finds a lost item on Shabbos, if it is not Muktzeh and is within an area with a kosher Eruv, he should pick it up and announce it [even on Shabbos] and follow all the Halachos of Hashovas Aveidah. (See Mishna Berura Siman 306 S"K 48)

 

2) If the item has no Siman, and will thus belong to the finder, he may pick it up for himself on Shabbos as well. (See Hagahos Rav Akiva Eiger on the Mogen Avraham Orach Chaim Siman 339:6)

However, he should do so in an inconspicuous way so that nobody will notice that he is acquiring the item (Kinyan) on Shabbos. (Ruling of HaRav Shlomo Zalmen Auerbach Zatzal quoted in Shmiras Shabbos K'Hilchasa Perek 29 footnote 83)

 

 

Halachos for Erev Shabbos Kodesh, December 25, 2020 Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) If one finds a lost item on Shabbos in an area that has a kosher Eruv, yet he himself is someone who is stringent (machmir) not to carry even within an Eruv, he should determine what he would do if the item was his own.

 

If he would leave his own item lying there, he needn't carry the found item either. If, however, for his own item he would forgo his stringency and indeed pick it up and carry it home, he is obligated to do so for someone else's lost item as well. (Ruling of HaRav Shlomo Zalmen Auerbach Zatzal based on Shulchan Aruch Chosen Mishpat Siman 263:1)

 

2) If the lost item is Muktzeh it is forbidden to pick it up on Shabbos, even if it is a lesser category of Muktzeh such as a Kli Shemelachto L'Isur. (See Shulchan Aruch Orach Chaim Siman 266:13 and the Mishna Berura and Biur Halacha there. See also Shu"t Minchas Yitzchak Vol. 5 Siman 42 and Shmiras Shabbos K'Hilchasah Perek 20 footnote 28)

 

However, he should kick it with his foot, or move it another indirect way, to a secure corner and come back after Shabbos to retrieve it and announce it. (See Mishna Berura Siman 308 S"K 13)

 

Halachos for Shabbos Kodesh



1) One who finds a lost object on Chol HaMoed, when non-essential writing is forbidden, may write a notice announcing that he found the item and hang it in Shul or another public place.

The reason for this is that it is possible that the owner will only be in the area for the duration of the Yom Tov and thus will not see a notice that is posted after Yom Tov.

 

2) Likewise, it is permitted for the owner of the lost object to write a notice on Chol HaMoed, and to hang it, letting people know of his loss so that they may return it to him if found. (See Hashovas Aveida K'Halacha page 107 footnote 13)

 

Halachos for Sunday December 27, 2020

 

1) If one finds a lost item and is told by his father or mother not to return it, he must not obey, and he must indeed fulfill all the Halachos of Hashovas Aveida. (Shulchan Aruch Choshen Mishpat Siman 266:5)

 

The above is true even if the reason they asked him not to do it is because they want his help at that time. (See S'ma Siman 266 Os 9)

 

2) However, if he was already in middle of doing something for his parents, and saw a lost object, he is exempt from picking it up, as he is in the midst of a different Mitzvah, Kibud Av V'Eim, and one who is doing a Mitzvah is exempt from doing another Mitzvah at that time (Osek B'Mitzvah Patur Min HaMitzvah). (Taz Siman 266. If he is able to accomplish both Mitzvos, some Poskim rule that he should try and work that out.)

 

It is a Mitzvah for the parent to be mochel, forgo on his honor in order to allow the son to involve himself in Hashovas Aveida; indeed if the parent is mochel, the son should busy himself with the lost item. (ibid.)

 

 

Halachos for Monday, December 28, 2020

 

1) One who finds a lost item that belongs jointly to two people (shutfim, partners) must return it to them, provided that each of them owns at least the value of a Prutah in the item.

 

2) If, however, one or both of the partners do not own a perutah's worth of the item, there is no obligation to return the item to any of them. (See S'ma Siman 262:5)

 

The exact value of a 'Perutah' nowadays is not clear. It certainly is not just one penny. The Poskim place it at anywhere from 2 or 3 cents to 50 cents.  See Shulchan Aruch Choshen Mishpat siman 88:1. See also Shiurei Torah from Rav Chaim Na'eh Zatzal Page 177. Rav Moshe Feinstein Zatzal (quoted by Rav Shimon D. Eider Zatzal, Hilchos Chanukah page 38) ruled that a Perutah is 2 or 3 cents, though that amount may have increased since the time of that psak, due to inflation. See also 'Halachos of Other People’s Money' by Rav Yisroel Pinchos Bodner page 150)

 

 

 

Halachos for Tuesday, December 29, 2020

 

1) One who finds an item in, or near, a trash bin, and it is evident that the owner disposed of the item, it belongs to the finder, even if it has a clear Siman.

 

2) However, if the items found there are small items that seems to have been dropped there by accident while sweeping the floor or another inadvertent way, if they have a Siman, they have to be announced.

 

If they do not have a siman, and it is evident that they have been lying there for a while already, and the owner most likely already had Yiush, the finder may keep the item. (Shulchan Aruch and Rama Siman 260:11, See also Sm”a S” K 54 and Shach S” K 34 there)

 

 

Halachos for Wednesday, December 30, 2020

 

1) If one lost an item, and then finds a similar lookig item in the place where he lost his item, and he isn’t sure if that item is his or not, he should take the item and wait some time to see if another person comes forward claiming to have lost that item.

 

 

2) After some time goes by and nobody comes forward to try and find their lost item, we assume it belongs to the finder, and indeed the item he found was his item all along. (See Shu”t Minchas Yitzchol Vol. 3 Siman 17)

 

Halachos for Thursday, December 31, 2020

 

1) One who finds money or another item that according to Halacha is deemed his to keep, should give Ma’aser from his newly acquired ‘income’. (Ruling of  Rav Yosef Shalom Elyashiv Zatzal, quoted in Hashovas Aveida K’Hilchasah page 109; he deems this no different than receiving a gift from an Aino Yehudi, where the Yehudi is obligated to give Ma’ser from it. Other Poskim may disagree; for a ruling each individual should consult their own Rav)

 

2) However, if he goes above the letter of the law (L’fnim Mishuras Hadin)  and returns the item to the original owner, despite halacha allowing him to keep it for himself, he is not required to give ma’aser from its value before returning it to the original owner. (Psak of  Rav Yosef Shalom Elyashiv Zatzal, quoted in Sefer Mishpat H’Aveida Siman 259; Shaar Hatziyun S”K 124)

 

Halachos for Erev Shabbos Kodesh, January 1, 2021

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) One who finds a loose single paper currency (dollar, shekel or any other country’s currency) of any denomination, being that it has no siman, it may be kept by the finder, provided it is evident that it fell there and was not intentionally placed there by someone.

 

 

2) If more than one bill was found together, then the amount that was found is in itself a siman, and it must be announced. When announcing this, he should simply say “Money found” and not give any indication as to if the amount found was one bill or more. (Shulchan Aruch and Ram a Siman 262: 11, 12 and 13)

 

 

Halachos for Shabbos Kodesh

 

1) If one announced the finding of paper currency that according to halacha he had the right to keep, if a Talmid Chacham (Torah scholar) comes forth and claims that he recognizes the money and it is his, he is believed and it is returned to him. (Ruling of Rav Moshe Feinstein Zatzal, quoted in Kuntres Hashovas Aveida, as Talmidei Chachamim are not accused of lying to claim money that is not rightfully theirs. See Shulchan Aruch and Rama Siman 262:3 and Sm”a there S” K 46)

 

 

2) If one finds coins, in a manner that it is evident that it was placed there intentionally and then forgotten there, he is obligated to try and find the owner.

 

If, however, it is evident that the coins fell there, the finder can keep the coins. (Shulchan Aruch Siman 262:12)

 

If it is not apparent if they were placed there intentionally or if they fell there, they should be treated as if they were placed there intentionally and announced. (ibid.)

 

If the finder went ahead and took the coins for himself anyhow, despite it not being evident that they fell there, if the amount is a small amount of money he may use it, but he needs to write down the amount he used and the place he found it, in case the person who lost it comes forward to claim it.(See Biur HaGra to Shulchan Aruch ibid.)

 

Halachos for Sunday January 3, 2021

 

1) One who finds a sealed envelope with a postmark from the post office on it, should return it to the person to whom the letter is addressed. (This is a common occurrence that mail is delivered to the wrong address.)

 

When this happens, all the halachos of Hashovas Aveidah apply and the letter needs to be returned to its intended recipient.

 

If, for whatever reason, the intended recipient cannot be found, the letter should be returned to sender.

 

2) If the letter found has a stamp on it, but does not have a postmark from the post office on it, he should place the letter into a public mail box, so that it can be received and processed by the post office and make its way to its intended recipient. (Psak of Rav Nissim Karelitz Zatzal, quoted in Hashovas Aveidah K’Hilchasah page 116)

 

 

 

Halachos for Monday, January 4, 2021

 

1) If one finds money in a vending machine, pay telephone or similar place, he can keep the money, as it does not belong to the owner of the machine, and there is no obligation to try and find the one who forgot it in there. (See Rama Choshen Mishpat Siman 268:3)

 

 

2) One who borrows a book or a Sefer from a library or any other item from a Gemach, and finds money or another object inside the book or the borrowed item, if he is able to determine who used the book or the item immediately before him he should return it to them provided that they can identify it with proper Simanim. (See Shulchan Aruch Choshen Mishpat Siman 260:3)

 

If it cannot be determined who used the book or the item last, it should be announced like any other lost item, unless it is evident that the book or item was not used in a long time, and thus we assume that the owner had Yiush and the finder can keep the item. (See Shulchan Aruch Choshen Mishpat Siman 262:5)

 

 

 

Halachos for Tuesday, January 5, 2021

 

1) One who finds an item that is forbidden to be used, such as non-kosher food, tickets to a forbidden venue, a non Tznius article of clothing or similar item, if it has a siman it must be returned as you don't assume that the owner will use it in a forbidden fashion. (Ruling of Maran HaRav Yosef Shalom Elyashiv Zatzal quoted in Sefer Hashovas Aveida K'Halacha page 119)

 

2) However, if you have credible reason to believe that the owner will indeed use the item, if it is returned to them, in a forbidden fashion, it should be sold to a non-Jew and the money returned to the owner, as returning the item to the owner will be a transgression of "Lifnei Iver Lo Titen Michshol", the prohibition against causing another Jew to sin. (ibid.)

 

 

Halachos for Wednesday, January 6, 2021

 

1) One who finds a lottery or other raffle ticket, if it has a siman, of course it has to be returned to the one who purchased it, and every effort should be made to try and find the owner of this ticket.

 

2) If it does not have a siman, as is usually the case for such tickets, the finder may not use it, and if that ticket wins, he may not redeem and claim the prize with the found ticket, as if the organizers of the lottery would know he was not the original purchaser, they would never agree to allow him to claim it. (See Hashovas Aveida K’Hilchasa page 118 footnote 35)

 

 

Halachos for Thursday, January 7, 2021

 

1) If one finds something whose usage time is limited, such as a lulav on Sukkos or Matzah on Pesach, he should try his best to locate the owner right away.

 

2) If, however, there is no siman on the item, or if he announced it and nobody claimed it, he can use the item, provided that he write down the pertinent details of what he found, such as when and where he found it, its value etc., so that he will be able to repay the owner when Eliyahu Hanavi arrives and he is identified. (Ruling of Rav Nisim Karelitz Zatal quoted in Hashovas Aveida K’Hilchasa page 119 footnote 36)

 

It is important to note, however, that he will not fulfill his mitzvah obligation with this Lulav  ( on the first day of Sukkos) or this Matzah ( by the Seder) , unless he is positive that the owner had Yiush before they came into the possession of the finder. (As by Lulav on the first day there is a requirement of “Lachem’ that they belong to you. Some have this requirement for Matzah on the first night of Pesach too. See Ketzos Hachoshen Siman 353:2)

 

 

 

Halachos for Erev Shabbos Kodesh,January 8, 2021

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) If one finds a credit card that does not have the name of the owner on it, or if he does not recognize the name on the card even after due diligence, he should return it to the issuing bank.

 

2) However, if he suspects that by returning it to the bank, the person he gives it to may be untrustworthy, and may use the card and thus cause the owner a loss, it should not be returned to the bank, and rather held on to.

 

Once the expiration date printed on the card arrives, and the card is no longer valid, he may discard the card, as at that point it is worthless. (See Shulchan Aruch Siman 262:1)

 

 

Halachos for Shabbos Kodesh

 

1) One who finds a ring of keys must announce it so the owner can be located, as the number of keys, and the type of keys on the ring, is a good siman.

 

2) One who finds a single key which doesn’t have a specific siman on it and is not attached to a keychain which can serve as a siman, it is questionable if there is an obligation to announce it.

 

If someone comes forward and says he lost a key, even if he doesn’t 100% recognize the key you found, it may be given to him to try and open the lock that he claims the key he lost opens, and if it works he can have it.

 

After a while passes since the single key is announced, and nobody claims it, it may be discarded.

 

Halachos for Sunday January 10, 2021

 

1) Until now we were discussing the mitzvah of Hashovas Aveidah in its regular context of returning lost objects to ther owner.

 

We will now discuss some other applications of this mitzvah in other contexts.

 

Included in the mitzvah of Hashovas Aveidah is the obligation to help prevent any harm from befalling a fellow Jew. (Shulchan Aruch Choshen Mishpat Siman 259:9)

 

2) One who spots intruders breaking in to another Jew’s home may not ignore it; he must notify the police. (See Rashbam to Bava Basra 53a dibur hamaschil Hai Mavriach Ari. Regarding notifiying the authorities on Shabbos, see Shemiras Shabbos K’Hilchasa Perek 41:25)

 

 

Halachos for Monday, January 11, 2021

 

1) One who notices a worker stealing from his employer, or using the employer’s things without permission, has an obligation to notify the employer. (Based on Shulchan Aruch Choshen Mishpat Siman 259:9 )

 

 

2) For Halacha L’Ma’she in all these types of situations, if you are not sure if what you see warrants your notifying the employer, a Rav should be consulted to determine if, what and how you should proceed.

 

 

Halachos for Tuesday, January 12, 2021

 

1) One who notices water leaking into the property of his neighbor, or any other Jew, where the water can cause monetary damage to the property, has an obligation to do whatever he can toprevent the damage from occurring. (Based on Shulchan Aruch Choshen Mishpat Siman 259:9)

 

2)The same applies to one who notices a fire burning or any other elements that can cause destruction and damage to another's property.

 

Many Poskim rule that this applies to public property as well, as preventing public monetary loss is included in this halacha.

 

 

 

Halachos for Wednesday, January 13, 2021

 

1) One who notices that his/her neighbor mistakenly left their lights or air conditioning running when they are not home, or if they left the interior lights in their car on (which can drain the battery and often lead to financial loss) , has an obligation to close the lights for them (where that is an option) or at least notify them so they can take care of it themselves.

 

2) Regarding if one notices a car's interior light open on Shabbos, it may be permissible to hint to an Aino- Yehudi to close it, if it can lead to a significant monetary loss. (See Mishna Berura Siman 397 S” K 22. For Halacha L’ma’aseh, a Rav must always be consulted, of course)

 

 

Halachos for Thursday, January 14, 2021

 

1) One who witnesses someone damaging another person’s car and then fleeing the scene, is obligated to give all the details of what he witnessed (license plate number, make of the car, time of day, sequence of events he witnessed etc.) to the owner of the damaged vehicle. (Based on Shulchan Aruch Choshen Mishpat Siman 259:9)

 

2) If he doesn’t immediately know who the owner of the damaged vehicle is, he should write down all the details so that he can give it to the owner of the vehicle when he is identified.

 

Halachos for Erev Shabbos Kodesh,January 15, 2021

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) One who notices another Jew transgressing a Torah prohibition, or otherwise acting in a way that is against Halacha, has an obligation to try and get him to mend his ways.

 

2) Although the aforementioned obligation is already in place due to the positive Torah command of rebuking fellow Jews who are erring in their ways, as the Posuk (Vayikra 19:17) states “Hocheiach Tochiach Es Amisecah”, it is also a fulfillment of Hashovas Aveidah, as Chazal teach that if one must return a lost object, and prevent monetary and bodily harm from befalling a fellow Jew, surely one must “return” a person’s soul that has been distanced from Hashem. (See Minchas Chinuch Mitzvah 239: 4. See also MaHaram Shik,Mitzvah 240.)

 

Halachos for Shabbos Kodesh

 

1) If a fellow Jew is ill or is otherwise in danger, it is a Mitzvah to pray on his/her behalf that they be saved from their illness or predicament.

 

2) Besides being a fulfillment of the Mitzvah of Chesed, according to many Poskim this is also a fulfillment of the obligation of Hashovas Aveidah, preventing bodily harm to a fellow Jew. (See Kobetz Shiurim from Rav Elchonon Wasserman HY”D, toward the end of the introduction. See also Sha’arei Orah Vol. 2, Parashas Masei, where he writes that not praying may be a transgression of the negative commandment, “Lo Sa’amod Al Dam Re’echa. (Vayikra 19:16) 

 

Halachos for Sunday January 17, 2021

 

1) Chazal teach us that there are many things that if they are done they are “Kasheh L’Shikcha”, lead to forgetting [Torah] knowledge that we have previously acquired. (Just a few of the many examples of this include not to dry your hands after Netilas Yadayim on your shirt, See Mishna Berura Siman 158:45 ; not to don two articles of clothing at one time, See Mishna Berura Siman 2 S"K 2; not to eat bread that is not fully baked, See Talmud Horiyos 13b)

 

Chazal also teach that certain actions that are done or not done can lead to Aniyus, poverty. ( A few examples of this include flippantly using the name of Hashem to curse someone , even in a language other than Lashon Kodesh, See Kitzur Shulchan Aruch Siman 6:3; Regularly reciting brachos and Tefilos while in the presence of immodestly clad women, Chofetz Chaim based on Talmud Nedarim 7b ; One who overlooks his own poor relatives and gives tzedakah others first, See Sefer Chasidim Siman 530; One who is regularly not scrupulous with the Mitzvah of Netilas yadaym for bread, See See Talmud Shabbos 62b)

 

2) One who sees a fellow Jew doing or not doing something that Chazal have deemed an action that can lead to his forgetting his [Torah] knowledge or can lead to him being afflicted with poverty R”L, should inform him of this so that he can address the issue.

 

Some Poskim consider this also to be a fulfillment of Hashovas Aveidah, while others just deem it a Mitzvah of Chesed. (See Mishpat Ha’aveidah, Pesicah, Birur Halacha S”K 5 Os 4)

 

Halachos for Monday, January 18, 2021

 

1) One who knows that a certain storeowner is a swindler, or he knows that he sells items at a higher price than allowed by halacha, and notices that someone is about to purchase something from him, he is obligated to inform the buyer, to save him from a monetary loss.

 

2) In certain cases it may e be permissible to inform the buyer even after he already bought the item, though there are many details that would have to be satisfied, so this should not be done without first consulting a Rav. (See Sefer Chofetz Chaim Hilchos rechilus Klal 9: 9,10 and 11)

 

Halachos for Tuesday, January 19, 2021

 

1) If a stolen item ends up in one’s possession, and he knows who the owner is, he is obligated to return the item to the owner. (Rama Chosen Mishpat Siman 348:7. See also Biur HaGra there S”K 23)

 

2) If he does not know who the owner is, he should announce it the same way he would another item that was found. (See Shulchan Aruch HaRav Hilchos Gezeila U’Geneiva 11)

 

Halachos for Wednesday, January 20, 2021

 

1) One who is aware that his friend is owed money by another Jew, but has forgot about it, is obligated to remind him about it so that he can claim it. (Tashbatz Katan Siman 495)

 

2) Not reminding him about this debt may even be a Torah transgression for the one who knows about it. (ibid.)

 

Halachos for Thursday, January 21, 2021

 

1) One who knows information that can be helpful to another Jew in a court case in Bais Din, to prevent him from a loss, is obligated to give testimony, even if he is only one witness. (See Sha’ar Hamishpat Siman 16:2 and Siman 28:2. See also Nesivos Hamishpat Siman 28:1)

 

2) Surely, if two witnesses know this information, they are obligated to come forward and give their testimony in Bais Din, and not doing so is a Torah transgression for them. (See Nesivos Hamishpat ibid.)

 

 

Halachos for Erev Shabbos Kodesh,January 22, 2021

Double Portion L'Kavod Shabbos Kodesh

 

Halachos for Erev Shabbos Kodesh

 

1) If Bais Din obligated someone to pay money in a monetary dispute, and someone has information that would change the ruling, he is obligated to notify the one who Bais Din ruled against. (See Tur, Choshen Mishpat Siman 154:1)

 

2) However, in certain situations, it would be obligatory to first bring that information to the Bais Din’s attention before being allowed to relay the information to the one they ruled against. Thus, a Rav must be consulted before relaying any such information, to ensure that it is being relayed according to halacha, and won’t lead to senseless hatred and disrespect to Talmidei Chachamim. (See Pischei Teshuva Choshen Mishpat Siman 19:1)

 

 

Halachos for Shabbos Kodesh

 

1) Someone who picks up a lost object for someone else, the one who it is being picked up for halachically acquires (Kinyan) the object.(Shulchan Aruch Siman 269:1. See also Shach and Sma there)

 

2) This is the case even if the one who it is being picked up for does not know that it is being picked up on his behalf. Some Poskim rule that the one picking it up has to verbalize that he is picking it up on behalf of the other person, while other Poskim say just having that intent suffices. (Sma ibid. See also Ketzos Hashulchan 269:1 and Shach and Nesivos hamishpat 269:1 . See also  Ketzos Hachoshen Siman 181:1 and )

 

 

With endless gratitude to Hakadosh Baruch Hu, to Whom the world and everything in it belongs, this concludes our review of the Halachos of Hashovas Aveidah.

 

It is our collective Tefilah that in the merit of our studying the Halachos of lost items may we soon merit the arrival of Mashiach Tzidkeinu, as the Talmud (Sanhedrin 97a) teaches that lost items and Mashiach both happen when we least expect them to (B’Hesech Hada’as)