Hashavat Aveida - Returning Lost Objects
The Torah commands us to return the lost objects of others, a mitzva known as "hashavat aveida". One who comes across what appears to be a lost object is required to pick it up and make an effort to reunite the object with its rightful owner. Not only is it forbidden to disregard or turn a blind eye to such an object, but one who does so is in violation of up to three Torah commandments.[1] The mitzva of hashavat aveida is a mitzva which contributes to the proper functioning of a humane and civilized society. This is because everyone inevitably loses something from time to time and anxiously hopes for its return.[2] One should actually consider the opportunity of performing the mitzva of hashavat aveida as a gift from God.[3] The mitzva of hashavat aveida is equally applicable to men and women.[4]
Upon finding a lost object, one is required to meticulously care for it as if it were one's own.[5] As such, in the event that one happens upon an animal that is clearly lost, one is required to temporarily adopt the animal and tend to its needs until it can be returned to its owner.[6] One who finds food that will soon spoil if it is not used is permitted to eat it or sell it, in which case the proceeds from the food are to be put aside and given to the rightful owner when he is located.
One is required to publicize one's find in public places, such as by announcing it in the synagogue and posting signs around the neighborhood informing the public of what was lost and where the owner can go to claim it. One is also encouraged to announce such findings in the local newspapers and the expenses for doing are to be reimbursed by the owner of the object when he comes to claim it.[7] Only the fact that a certain object has been found should be announced. Its exact specifications, however, should not be disclosed so that dishonest individuals will not be able to falsely claim it.
Indeed, one who comes to claim a lost object is obligated to identify the distinguishing features of the object in order to prove himself.[8] It is generally accepted that any one of the following five features qualify as a valid identifying mark: an unusual shape, that it was lost in an unlikely location, distinctive packaging, an uncommon quantity, and a unique weight.[9] Money, both currency and coins, are considered to be unidentifiable from the perspective of halacha.[10] According to many authorities this remains true even if one noted the serial numbers on one’s paper currency. Only objects which have some type of identifying marking must be returned.[11]
Included in the mitzva of hashavat aveida is the duty to assist others from incurring a loss whenever possible. For example, one who notices that a neighbor has forgotten to turn off the lights in his car is required to open the car door (if possible) and turn the lights off for him. Similarly, one who finds oneself in a home or hotel in which lights, air conditioning, or running faucets have accidentally been left on should promptly turn them off in order to save the owner from needlessly wasting his money and resources.[12]
One is not required to pick up or return a lost object if doing so requires one to conduct oneself in an unbecoming or demeaning manner.[13] As such, one is not required to return a lost object which is found to be in an especially unclean or smelly place. Similarly, one is not permitted to violate any other halacha in order to perform the mitzva of hashavat aveida. For example, a Kohen is not permitted to enter a cemetery in order to retrieve a lost object and no one is permitted to violate Shabbat in order to do so, either. One is also only required to return a lost object that has some minimal value. An item that is virtually worthless (e.g. a toothpick) need not be returned.[14] So too, an item that appears to have been intentionally abandoned, such as an old couch or refrigerator lying at the curb, need not be returned either.[15]
Finally, one is only required to return a lost object if it is likely that the owner believes that his lost item stands a chance of being returned.[16] If, however, it is reasonable to assume that the owner has abandoned hope of ever recovering the item, the finder is not obligated to return it and may keep it for himself.[17] Nevertheless, one is encouraged to go beyond the letter of the law and make the effort to locate the owner, especially if the item has identifying markings.[18] One who finds an object before the owner even realizes that he lost it is fully obligated to return the item. This is true even if the owner is likely to abandon hope of ever recovering the item when he finally discovers it was lost.[19]
One should decline any reward or payment for performing the mitzva of hashavat aveida. If one is somehow forced to accept a reward for having returned a lost object, one is advised to put it towards tzedaka.[20] The mitzva of hashavat aveida applies to the lost objects of both Jews and Gentiles.[21]
Losing something is truly a frustration, and sometimes even a fearful experience. For those more esoterically inclined, it is taught that donating to charity while saying the words “Eloka d’Meir aneini" (may the God of Meir answer me) repeatedly will encourage the guardian angels of lost objects to quickly reunite you with your lost item.[22] While many attribute this mystical formula to the sage Rabbi Meir, the “Meir” in the words Eloka d’Meir aneini actually refers to God Himself.[23] We are taught that the secret to achieving true piety is to show concern for other people’s property.[24]
[1] Shemot 23:4; Bamidbar 22:3; Devarim 22:1; Sefer Chassidim 104.
[2] Sefer Hachinuch 538.
[3] Sefer Chassidim 100, 104.
[4] Kiddushin 34a.
[5] CM 267:16,17.
[6] CM 267:18.
[7] CM 267:3,4.
[8] Bava Metzia 24b, 27b; CM 267:4,12.
[9] CM 262.
[10] CM 262:13.
[11] CM 259:2.
[12] CM 260:9.
[13] CM 263:1,3.
[14] I.e., worth a “peruta” or less. See CM 262:1.
[15] Bava Metzia 23a.
[16] See Igrot Moshe, CM 74.
[17] Bava Metzia 21b, 26b.
[18] CM 259:5.
[19] CM 262:3.
[20] Teshuvot V'hanhagot 3:463.
[21] Devarim 22:3; Bava Kamma 113b; CM 266:1; Yerushalmi, Bava Metzia 2:5. For a discussion on Gentiles in Talmudic Law see: http://www.talkreason.org/articles/meiri.cfm
[22] Based on Avoda Zara 18.
[23] Maharsha, Avoda Zara 18.
[24] Bava Kama 30a.