Lesson # 225 • How a found object is acquired
Nothing can be acquired, not even an abandoned object, unless an act of acquisition has been performed. Until the act of acquisition is performed by the new owner, ownership of the object continues with its current owner; if the object is abandoned, it does not have any owner until someone acquires it by an act of acquisition.

The methods of acquisition of personal property are relevant. Personal property can be acquired: by lifting or pulling the object, or having the object delivered to the person acquiring the object; by the payment of money in unusual cases; by the buyer's courtyard, or his 4 cubits, or his vessels; by local law and local custom; along with real estate; and by barter. All these topics have been discussed in prior lessons. Obviously some of these methods are not relevant regarding found objects.

None of the objects that the finder may pick up and keep for himself belong to the finder until he performs an act of acquisition to obtain ownership of the object.

Ordinarily, picking up the object is the best method of acquisition. The object should be lifted up 3 tefachim, about 10 inches.

In certain situations, pulling the object is the best method of acquisition. The mere spying of an ownerless object is not an act of acquisition. Even if the finder falls upon the object in a public place, it does not belong to him, since lying down on an object is not a method of acquisition. Thus if Shimon spies the object and falls down upon it and then Yehuda puts his hand under Shimon and grabs the object, the object belongs to Yehuda, since he took the object into his hand, this being an act of acquisition. However, in those places where the 4 cubits square acquires on behalf of the finder, falling on the found object there will also act as an act of acquisition of the object.

It was stated in a prior lesson, "The courtyard acquires on behalf of the buyer - if it is guarded by either of two types of guarding: (1) there is a wall or fence around the premises, or (2) a person is guarding the premises.
Assume an object falls into Shimon's courtyard, or an animal that cannot run fast or birds that cannot fly away are found in Shimon's courtyard.

In all of these instances it must be presumed that the owner of the object has abandoned hope of having the object restored to him.

Regarding found objects, the law is that Shimon's courtyard acquires a lost object on his behalf even if he is not present at the courtyard and even if he is not aware of the object in his courtyard. This holds true only if there is a wall or fence around the premises.

If the courtyard does not have a wall or fence around it, Shimon will acquire the object only if he is present there. There are several views as to whether Shimon, in addition to standing there, also has to expressly state that he desires that his courtyard should acquire the lost object on his behalf. One view holds that Shimon, in addition to being present, must also specifically state that he wants his court- yard to acquire the lost object on his behalf. If he is not present or does not make the statement, his courtyard does not acquire the object on his behalf, and anyone may take the lost object lying on his property.

The other view holds that the mere presence of Shimon at his courtyard is sufficient to have the courtyard acquire the lost object on his behalf and no statement is necessary.

There is another view that compromises the views. If the lost object is an animal that has a broken leg and cannot run fast or a bird that cannot fly; then the courtyard acquires on behalf of Shimon only if he makes the statement that he wants the courtyard to acquire on his behalf. All inanimate objects are acquired by the presence of Shimon without his having to make a statement.

Assume that the animals are running across Shimon's courtyard or birds are flying across his courtyard. They cannot be caught by Shimon and there are strangers running after these animals or birds. The courtyard has not acquired on behalf of Shimon and whoever catches them acquires them.
It is stated in a prior lesson that the Rabbis have decreed that in the cases of acquiring found articles of personal property; if the found item is within the 4 cubits area of the finder, he acquires the found object even though he has not lifted it up. This decree is limited to objects found in a back street or in a simta (an area that is part of the public street, yet is off to a side and is not frequently used), or in a field that does not belong to any person. The decree does not apply to the frequently used portion of a public street, since every person is entitled to walk in any area of the public street, and therefore there is no area of 4 cubits that the finder of the item can declare to be solely his. This decree also does not apply to realty belonging to a third party.

The area of 4 cubits is approximately 49 square feet. The object belongs to the person within the 4 cubits whether the person reached there first and then the object or the object was there first and then the person.

Two people, Shimon and Levi, both entered into the 4 cubit area where the found object rests. Or both of them are standing within the same four cubits and the object falls into these 4 cubits. Both of them acquire the object, although it may be closer to one of them. If one of them entered the 4 cubits before the other and the object was already there, then the one who entered first acquires the object. There is an opinion that the four cubits acquire for the finder only if he is standing still in the 4 cubits. Others hold that the finder acquires the object whether he is standing still or walking through the 4 cubits.

Regarding the acquisition of lost animals, assume that an animal appears lost. For example, Shimon spies a cow or other domesticated animal grazing along a road in the daytime, even for several consecutive days. This law is that animal is not a lost animal and must not be taken.

However, if the animal is wandering along the road at the crack of dawn and is still there at dusk for several consecutive days, the animal is presumed to be lost. If it is at night, in those communities where animal do not graze at night, the animal is considered a lost animal.

Similarly; if one sees a horse whose saddle is not in place, or a mare that is running loose with its foal, these are considered lost animals.

If the animal is running along the road, if it is running toward town or toward a farm- house, it is presumed not lost. If it is running away from town, it is deemed lost. Community practices will be controlling as to whether an animal is deemed lost. All animals that are lost must be restored to the owner, unless it is known that the owner has abandoned hope of having the animal restored to him.

Generally; the same methods of acquiring animals that are purchased are used to acquire abandoned animals, that is, by pulling the animal or by riding the animal, in both cases so that it moves from the space where it was.

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

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