Lesson # 222 (part two) •Spying an Object deliberately placed

Last week's lesson began with the topics of not picking up an object deliberately left by its owner (and, thus, not really a lost object), the classes of deliberately placed objects, and objects found in a rubbish heap. This lesson discusses the finding of objects in a wall, in a store, in a bank, and finding fruit along side an orchard.

Finding objects in a wall:
On private property, Reuven finds an object in a new wall known to have been built by the current owner of the property or his forebears who have continually owned the property. On which side of the wall was the object found: in the side closer to the inside of the property or in the side facing the street? If the object found on the side of the wall faces the street side and if it shows aging (such as rust) the object belongs to the finder even if the object possess an identifying mark. One may assume that a person other than the owner of the property either left the object, forgot about it, or abandoned hope of finding it. However, if the object is found on the side of the wall faces inside toward the owner of the property's land, the object belongs to the owner of the property. This holds true even if (1) the hole slopes toward that side; and (2) the object has become rusty. The object belongs to the owner if he pleads that it is his. If the owner inherited the property, the Beth Din will, on his behalf, raise the plea that he is the owner of the object.

If the object filled the hole in the wall from the inside edge to the outside edge where it cannot be ascertained from which side in the wall the object was placed, the owner of the property and the finder divide the object. If it appears, however, that the object was placed there from the inside, the entire object belongs to the owner. On the other hand, if the object appears placed from the outside, it belongs to the finder. A knife, for example, may be assumed to be placed in the hole with the handle outward, while a purse would be placed in the hole with the straps outward.

If the owner admits that the object is a found object, it belongs to the finder no matter where found.

Assume that a party wall belonging to two adjoining landowners collapsed. If one of the landowners found an object with no identification mark, he may keep it.

Finding money in a store or a bank.

The rules discussed in this section may be applicable to any type of modern store, including supermarkets and shopping malls. A store, for example, as described in the Talmud and codes, consists of an open area into which the customer enters and where merchandise is displayed in front of the counter and in the back of the store. At the rear wall sits the proprietor in front of that counter where monetary transactions take place for the acquired merchandise. When a customer finds money in the store, to whom does it belong: the storekeeper or the finder? The codes also discuss situations in which money is found on the floor of a money changing business (also applicable to modern-day banks).

Assume that Reuven is the proprietor of a store. Shimon, who may or may not be a customer, enters the store, spies money, and picks it up. If Shimon found the money on or behind the counter or in a place reserved solely for the proprietor of the store, it belongs to the proprietor even if the majority of the customers are gentiles and even if the money has no identification mark. The proprietor obviously lost it and did not abandon hope of recovering it. If Shimon found the money in an area of the store not reserved for the proprietor or his employees, the money belongs to him. Just by lying on the premises, the shopkeeper does not automatically acquire the money because in order to do so the public must be excluded by the owner from entering the property, a place where the proprietor wants customers to enter.

If a person enters a money changer's store, an office, or a bank and finds money in a place where only the moneychanger or his employees have access, the money belongs to the money changer or the bank, even if the majority of customers are gentiles. If the customer finds money where he has access, then it belongs to the finder.

Finding fruit alongside an orchard
If Shimon finds fruit alongside an orchard on public property, such as a road, at times he may keep the fruit and on other occasions he must leave the fruit where he spied it. Reuven owns an orchard where some of the fruit from the orchard fell onto the public area. The tree may be entirely within the orchard owned by Reuven while the fallen fruit fell outside the orchard, (or the branches of the tree may have extended beyond the boundary of Reuven's orchard and the fruit fell off those branches). Shimon spies the fruit. If this type of fruit tree does not continually shed its fruit, then the owner is not aware of the fruit falling. The fruit must be picked while on the tree, or by falling onto nets spread on the ground where the owner then shakes the tree causing the fruit to fall into the nets. The fruit belongs to the owner Reuven because he has not abandoned hope of recovering this fruit. Even if Reuven later abandons hope of recovering the fruit, it still belongs to Reuven if Shimon picked it up before Reuven abandoned hope of recovery. If Shimon picked up the fruit after Reuven abandoned hope of recovery, it belongs to Shimon.

At times, the fruit is not or cannot be abandoned by the owner of the orchard. In that case, the fruit still belongs to Reuven, the owner of the tree, and Shimon, the finder, must not pick it up, especially if the orchard is fenced in such a way that the fruit obviously belongs to the owner. The fruit that falls outside the orchard cannot be abandoned by the owner of the orchard if he is an orphaned minor.

The subject matter of this lesson is more fully discussed in Volume VIII Chapter 260 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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