Lesson # 228 • Obligations of the finder
Reuven finds an object that he is required to pick up and to restore to its owner according to the Torah commandments. (See prior lessons.)

Because the object must be restored to its owner, it cannot be acquired by Reuven. Reuven must anticipate that the owner will imminently come to claim his object.

What is Reuven to do with the object until he restores it to its owner?

What if he never finds the owner?

What is the degree of care that Reuven must take to preserve the object?
Most of the examples given in the codes follow the discussion in the Talmud and thus the objects discussed may not seem to be all that relevant today. I therefore recommend that the degree of care be left to Beth Din, which should set community standards and make rules to protect the interests of both the loser and the finder. In those communities that have laws relating to lost and found objects, these laws may often be controlling.

The finder of an object must take care of the object that he found until it can be restored to its owner. In taking care of the object, the finder has the responsibility of a paid bailee (Shomer Sachar). He has the responsibility of a paid bailee because he benefits from the role as a guardian of the object.

While he is occupied with taking care of the object which is a Torah commandment, he may be exempt from fulfilling some other Torah commandments. There is an opinion that the finder has the same laws as an unpaid bailee (Shomer Chinam). Regarding the object, that is, he is responsible if anything happens to the object while under his control. He is responsible to make restitution to the owner if the object is again lost or stolen or destroyed or if he is negligent in his care of the object. He is not responsible if the object was lost or destroyed by an act of God or force majeure.

If no owner appears after the finder has advertised that he found the object, he is obligated to take care of the object until the coming of the prophet Elijah. There is a concept in halacha known as 'setting the matter aside until the prophet Elijah appears. The prophet Elijah is the harbinger of the coming of the Messiah. When there are matters that the Beth Din cannot decide because they cannot ascertain the facts, such matters are held in abeyance, with neither party to the dispute obtaining judgment.

The finder must take care of the object with the same degree of care as do people in the community with their own objects. The finder must constantly examine the object to see that its condition is not deteriorating. The finder must examine the object to see that it is not spoiling or wasting away. The examples that follow below also apply to a person who is a bailee of an object whose owner has gone abroad for an extended stay. Some of the examples of the care to be taken of found objects as found in the Talmud and codes follow: (When it is stated that some things may not be done it is because it was found that such conduct may cause damage to the object.)
The type of garment or cloth will determine the care to be taken. There are constantly new types of materials manufactured and the manufacturer's instructions must be followed.

A garment or cloth made of wool must be shaken out once in 30 days. It must be shaken out by one person and not by two people, nor may it be beaten with a stick.

A garment or cloth made out of linen must not be shaken out. All types of cloth may be spread on a couch if it is to air out the cloth, but not if it also benefits the finder so as to cover a piece of furniture.

Wooden utensils should occasionally be used to prevent them from rotting.

Copper utensils may be used with hot or cold water, but not over a fire.

Silver utensils may be used with cold water, but not with hot water.

Gold and glass vessels may not be used.

Garden instruments may be used on ground that is soft, but not if the ground is hard.

A scroll must be read once in 30 days, and if the finder cannot read, he should unroll it and roll it up every 30 days. The old codes speak of scrolls since they were written prior to the invention of movable type, which made possible mass production of bound books. The finder may not: study the scroll if this is the first time that he studies this particular subject matter; read a section from the scroll and then reread the section; read a section and then translate it; open it to more than three columns at one time; permit two persons to read in it two different sections; permit three persons to read it at one time.

Appropriate modifications of these rules would apply to bound books.
If Shimon finds tefilin he may have their value assessed and keep the tefilin, or sell them, since they are readily available and the owner can purchase a new pair with the money. Based on this law; there is an opinion that the same applies to all objects that can be easily purchased. The other opinion holds that the loser wants his own object to be restored to him rather than money to buy another object.

Live animals have special rules:
a. the animal must be fed and cared for;
b. a sheep must be sheared of its wool;
c. If it works and eats, such as a mule, the finder should hire it out, take the rental, and feed the animal. If the rental is more than is needed to feed the animal, the surplus belongs to the owner.
This must be done for 12 months. After the 12 months, Beth Din assesses the animal's value;
d. If the animal produces milk, or a hen lays eggs, the finder sells the milk or the eggs and feed the animals with the proceeds. This must be done for 12 months. After the 12 months, Beth Din assesses the animal's value. There is an opinion that holds that the finder may make his own appraisal;
e. Calves or foals must be taken care of for 3 months if they can be grazed and for 30 days if they must be fed;
f. Large geese or hens must be taken care of for 30 days. Small ones that cost more to feed than they can earn must be kept for 3 days. The finder may then sell them with permission of Beth Din;
g. In all events, if the expense of feeding the animal exceeds its income, the seller may, after 3 days, sell it and keep the money for the owner. The statement of the finder as to how much he spent on feeding the animal is sufficient and he need not take an oath to sustain his plea. Similarly, if he hired them out and made income and had expenses, his statement is sufficient and he need not take an oath;
h. Fruit that has begun to spoil or anything similar may be sold with the permission of Beth Din.

In all of the situations where there is money substituted for the found object, it may used by the finder who holds it for the owner, as borrowed money. Therefore he is responsible if the money is lost or stolen or even if lost by force maj'eure. This holds true even if he has not used the money.
If one finds money he may not make use of it; therefore if it is lost by force majeure, he is not responsible.

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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