Lesson # 229 • Announcing and Restoring the Object
As described in prior lessons, the finder now possesses an object that he must restore to its owner. How does he go about restoring it?

Assume the finder, Reuven, knows that Shimon owns the unique, lost object and will restore the object to him, especially because it had an identification mark on it naming Shimon as the owner. (Examples of markings include a name tape on a garment, a card in a wallet or pocketbook, a letter with a name on it, or any other thing that will help the finder identify the owner.) The finder should contact the owner by the best method available - phone, fax, letter, email, etc. - in order to announce the finding of the lost object and the desire to restore it. After contact, the owner should come to the finder to retrieve his lost object. If the finder cannot contact the owner, however, he may leave the found object at the home of the owner with a person of suitable age with instructions to give the object to the owner. The finder may also leave the object in a courtyard or other secure place belonging to the owner so that it will not be stolen from that place. Examples include a mailbox, the owner's high-fenced in courtyard, or any other place or premises belonging to the owner where it is reasonably expected that the owner will spy the object as soon as he passes by his premises and retrieve it. This option is acceptable, even though the owner may not be aware of it, if the object was left at his guarded premises. On the other hand, if the object was left in an unguarded place, then the finder assumes responsibility if the object gets lost or stolen.

Reuven finds an object with an identification mark, but the owner cannot be known from the mark. For example, Reuven finds a loosely-knitted homemade sweater with unique colors with alternating purple and pink stripes. Reuven must announce that he found something in such a manner and in places that will make it likely that the owner will come forward to identify and reclaim the object. The codes speak of making the announcement in the shul on those days when most people frequent the services, and at such intervals that will make it likely that the announcement reaches the owner. The best place to make announcements depends upon the community or location where the object is found. The Beth Din may have to issue directives such as advertising in a news- paper, community or synagogue bulletins, placing notices on lamp posts, trees, or school bulletin boards. In those societies where it is dangerous to announce a found object, then the finder must initiate a word-of-mouth announcement to reach the owner.

In the eleventh century, a synod of Rabbis decreed that the owner who lost an object should also make an announcement so that the finder will know where to restore it and also so that others will also be able to tell the person who found it where to find the owner. The decree also provided that persons other than the finder and the owner may not refuse to cooperate to bring together the owner and the finder on the grounds that they swore to secrecy not to disclose to the owner the finder's identity.

The wording of the announcement The wording of the announcement must not be so obvious in its description of the object that a dishonest person may attempt to claim it, nor must the language be so obscure that the owner will not realize that his object has been found.

One purpose of the announcement is to enable anyone who may own such an object to search at home, in his pockets, or in other places to see if he has lost such an object. The owner then goes to the finder to describe the lost object.

The identification by the owner There are three categories of identification of lost objects by the alleged owner.
1. The alleged owner states that he lost a blue coat (the announcement refers to a found coat). This type of identification does not carry any weight because it may be a fortuitous guess. Saying that "the coat that I lost is blue and has black buttons" likewise does not rise to the level of good identification.
2. A higher level of identification might be "the coat is blue with black buttons and is a size 44; or it was lost in Cohen's restaurant, the same place where Reuven found the coat.
3. The highest level of identification might be the owner stating that the coat has a tiny hole on the inside lining about 4 inches from the zipper of the lining on the right side. Only the true owner could be so specific.
Beth Din should not only establish criteria for the identification of lost objects depending upon the type of object that was found, but they should also establish the categories in each community.
If an alleged owner makes an identification under category 1, the finder should not give the object to him.
If a person is a known liar, he, too, should not be given the object that he allegedly lost even if he identifies the object by category 2.
If, however, he produces two witnesses who state that he lost that object (or if he identifies the object by a category 3, then he may be given the object. There is an opinion that denies a known liar a restored object even by a category 3 identification unless he produces two witnesses that say the object is his.
If the alleged owner employs category 2 identification, he must be known to be an honest man or have witnesses testify on his behalf in order to receive the object from the finder.
If, for example, both Shimon and Levi come forward and correctly identify the object according to category 3, neither may receive the object. It has been suggested that if one employs category 3 and the other category 2 identification, the object should be given to the one who employs category 3. It may be suggested to them that either one should, without conceding that the object is not his, waive his rights to the object, or else they should compromise in some way. If, however, one can produce two witnesses that the object is his, he will get the object. (Producing only one witness does not alter the situation in favor of the person producing the one witness to bolster his identification.)

If one produces category 3 identification and the second produces witnesses, the object is given to the one who produces witnesses. The witnesses need not testify that they saw the owner lose the object; they need only testify that they know that the object belonged to him.

If Shimon and Levi each produce two witnesses who state that the object belongs to him, neither party receives the object.

Beth Din must establish rules and judge each case anew, since two situations are rarely are alike.

The finder need not take an oath
Reuven finds a wallet and restores it to Shimon who pleads that the returned wallet contained only $100, even though Shimon claims that it had $200 when he lost it. Even though Shimon requests that Reuven take an oath that the wallet contained just $100 when he found it, Reuven need not take such an oath that the wallet was restored in the same condition in which he found it. Such a requirement may cause people to be reluctant to pick up lost objects.

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 monumental 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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