16. The Mitzvah of Hashavat Aveidah

Dedicated by Fran Broder as a zechus for the hostages to be released safely to their families and may everlasting peace come to Eretz Yisrael in the merit of learning Hilchot Bein Adam L’Chaveiro

1.   There is a positive Torah mitzvah to return a lost item (“you shall return it to him,” Devarim 22:3), as well as a negative Torah prohibition not to ignore it (“you shall not turn away,” Devarim 22:1). Over the next series of postings, we will discuss various details of these mitzvot of “hashavat aveidah” (returning a lost item), including which types of lost items are subject to the mitzvah, where the item must be found to be subject to the mitzvah, and how must one try to return it to the owner.

2.   The mitzvah of hashavat aveidah also includes preventing damage to someone’s property as well as preventing financial loss from another person (Shulchan Aruch, Choshen Mishpat 259:9, Aruch Hashulchan, C.M. 259). For example, one who informs another that there is a water leak in his building or that the light in his car was left on fulfills the mitzvah. Likewise, one who informs another that a large amount of electricity is being wasted in his house may fulfill the mitzvah (if it is an amount that the person would care about) (R. Yisroel Pinchos Bodner, Halachos of Other People’s Money, p.143).