20. When There are No Identifying Features

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.   We have mentioned previously that if a lost item has no identifying features (which includes coins and bills of money), there is no way to return it to the owner properly, since the owner cannot claim it. It is assumed that as soon as the owner discovers he or she has lost it, the owner will give up his ownership. It can also be assumed that heavy items, cash, or valuables (without a siman) lost were discovered immediately by the owner, and the finder can therefore keep them (Shulchan Aruch, C.M. 262:3). However, the loss of other items may not have been discovered yet by the owner when the finder notices them. In such cases, a finder who picks it up must hold onto it forever, until Eliyahu HaNavi informs him or her of the true owner (ibid.).

2.   Poskim disagree whether one is obligated to pick up an item without a siman (other than the items that would be noticed immediately when lost mentioned in #1) (R. Akiva Eiger, Shulchan Aruch HaRav; see Halachos of Other People’s Money, p.170).  There is a basis to rely on the lenient opinion (R. Eliashiv, cited by R.Bodner). Furthermore, when dealing with inexpensive items there is further basis to leave them without picking up if it can be assumed that the owner would not care about them anyway. According to this, one who sees a baby bottle, pacifier, or cheap garment (without a siman) in the park or shul would not be obligated to pick it up and hold it (see also https://dinonline.org/2023/07/20/hashavat-aveida-on-toys/, https://www.queensjewishlink.com/index.php/torah/63-halachic-highlights/4929-baseball-mitt-in-a-dugout).