Lesson # 229 • Finder’s compensation; Two persons picking up the object
In the Shulhan Aruch the two topics of this lesson follow each other and are rather short, and so I placed them together. We begin with the first topic.
Reuven finds Shimon's object; should Reuven the finder, be compensated for finding and returning Shimon’s lost object? In addition to fulfilling the Torah commandment to return the found object, that is, which is reward enough.

The Heavenly reward for fulfilling the Torah commandments to pick up and restore a lost object should be sufficient. However, the halacha does not require a person to lose money in performing these commandments. There are several compensation scales suggested by the authorities, based on the reading of the relevant Talmudic passage.

Assume that Reuven the finder earns $10 an hour at his work and the object is worth $50. Reuven, on his way home from work, finds Shimon's object, which contains Shimon's address, and without going out of his way, Reuven restores the object to Shimon. Reuven should not receive any compensation.

Reuven, on his way home from work, finds Shimon's object and must take a taxi to deliver the object to Shimon. Reuven is entitled to receive the taxi fare from Shimon.

Reuven can only deliver the object to Shimon during the time that he works. The restoring of the object takes 2 hours. Reuven will lose $20 from his wages and should receive such compensation.

If Reuven were unemployed, he would accept any type of menial job, and receive $2 an hour. If he had obtained a job as a deliverer of objects, he would be paid $4 an hour. Although there are several, views as to how much Reuven may charge for restoring the object, I set forth the two most popular views. One view holds that he may charge $4, which is the compensation of an unemployed worker ($2 an hour x 2 hours). Another view holds that Reuven may receive $8, the compensation of a person who is employed specifically to deliver the lost object ($4 an hour x 2 hours).

In no event may Reuven be paid more than the value of the object.
Reuven makes a prior demand to be compensated in full.

The compensation set forth above applies only if no other arrangements have been made for the compensation to be paid Reuven. Assume that Shimon is present when Reuven agrees to restore to Shimon the object that Shimon lost. Shimon is too weak to climb up a tree where his pet cat has climbed. Reuven, on his way to work, comes by and volunteers to climb the tree and restore the cat to Shimon if Shimon will pay him the amount of time that Reuven will lose because of coming to work late, and Shimon agrees. It took Reuven an hour and a half to get his ladder and to climb the tree and to return the ladder to his house. Shimon must pay to Reuven $15 (1½ hours x $10 an hour).

Assume that Shimon is not present and Reuven sees Shimon's cat up the tree, and Reuven will have to take 1½ hours off from work to restore the object to Shimon. Reuven may convene a Beth Din or any three people and stipulate in their presence that he will restore the object to Shimon and will seek compensation from Shimon according to the amount of time that he loses from his work. Reuven will be entitled to $15 from Shimon, the same as in the prior paragraph.

Although there are many formulas, Reuven should whenever possible rely on the Heavenly reward rather than on money for restoring the lost object.
We come now to the second topic of our lesson, where Reuven picks up the lost object on behalf of Levi, or Reuven and Levi both simultaneously pick up the lost object. Assume that Shimon’s lost object is now deemed abandoned by Shimon. Reuven sees the object. Levi may also be present and asks Reuven to acquire the object for him, Levi. Or else Reuven desires to acquire the object on behalf of Levi even if Levi is not present. A person may acquire something for a second party without the knowledge of the second party. This is under the theory that one can confer a benefit on a person, such as acquiring an object for another, without his knowledge if it is beneficial for him. The object belongs to Levi as soon as Reuven lifts the object about ten inches. The intent of Reuven to acquire the object on behalf of Levi may be orally expressed by him, or may be only in his mind. We will know his prior state of mind if he later states that he picked the object up with the intent to acquire it on behalf of Levi. Once Reuven acquires the object on behalf of Levi, Reuven cannot later state that he changes his mind and will not deliver the object to Levi. However, if Reuven, not at the request of Levi, picks up the object, without any specific intent in mind and later states that he intended it to be picked up on behalf of Levi and then states that he was jesting when he said that, and he really intended the object to be acquired for himself, the object belongs to Reuven. Reuven is believed since at the time that he picked up the object he said nothing and also Levi did not request that he pick up the object for Levi. But if Levi had asked Ruven to pick up the object for Levi, and Reuven picked up the object without any comments, it is assumed that he intended the object to be acquired on behalf of Levi. For example, Levi is in his automobile and sees the object on the ground and asks Reuven, a passerby to acquire the object for Levi, and Reuven, knowing that the object is abandoned, does so; it belongs to Levi. The object will belong to Reuven if, as he picks up the object, he states that he is picking up the object for himself, even if he was requested to do so by Levi.

A case analogous to the case of picking up an object for someone else who so requests is the case of Ruven asking Levi to purchase merchandise on behalf of both of them so that they can be partners regarding the sale of the merchandise. Levi purchases the merchandise and later first declares that he purchased it for his own account only. There is an opinion that the merchandise belongs to both of them. This opinion holds that it is similar to the situation where Levi asks Reuven to pick up the object and Reuven does so without comment. This is modified by another opinion that this holds true only if Reuven had the money to purchase his half of the merchandise when Levi went to purchase it.

Two persons acquiring together
There is an object on the ground abandoned by Shimon. It may be actually abandoned by Shimon or lost by him and it has no identification mark or is lacking any of the other criteria to obligate the finder to restore the object to him. Both Reuven and Levi pick up the object. This case is not the same famous Talmudic case described in the beginning of Baba Metzia. There each pleads that he is the only person who picked up the entire object and it was acquired solely by him and that the other person has not acquired any part of the object. In this lesson each admits that the other picked up his part of the object. It belongs to both of them. As stated above, the object must be picked up about ten inches for the finder to acquire the object. As Reuven picks up one end of the object the other end is still on the ground and does not belong to him. Simultaneously Levi picks up the other end and acquires that end. Neither has acquired the entire object and thus the object is theoretically still ownerless. In order to give effect to the aspirations of both Reuven and Levi, the halacha presumes that Reuven picks up his half and intends that the other half shall belong to Levi, and Levi picks up his half and intends that the other half shall belong to Reuven. Thus between the two of them the entire object is acquired by both of them as equal owners, and no third party can pick up the middle and claim that the middle is acquired by him.

This assumes that there is no impediment to Levi in acquiring the object. However, if there is some impediment, as where Levi is a minor, a deaf-mute, or a mentally deficient person, then Reuven acquires only that portion of the object that he actually raises ten inches off the ground, the minor acquires only that portion that he lifts up from the ground, and a third party can acquire the balance of the object.

The subject matter of this lesson is more fully discussed in Volume VIII Chapter 261 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores.
Questions to quint@inter.net.il

The lessons of Rabbi Quint's column are now coming from vol.VIII of his monu- mental work, A Restatement of Rabbinic Civil Law. Vol. IX has been recently released, and vol. X will be out soon, IY"H to complete this important translation and commentary of the sadly neglected part of Shulchan Aruch, CHOSHEN MISHPAT.

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