23. If the Item is Not Claimed

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.   If one properly publicizes the found item but no one claims it, one must hold onto the item until Eliyahu HaNavi arrives and informs him of the identity of the owner (Shulchan Aruch, C.M. 267:15). If the item is perishable or will be ruined, the finder should sell it and reimburse the owner if he or she ever comes to claim it. R. Moshe Feinstein (Igrot Moshe, C.M. 2:45) and other contemporary poskim suggest a similar suggestion in other cases as well where it is apparent the owner will not come to claim it: Determine the value of the item and record other relevant information about the item, such as a description and its simanim, in a safe place. One may then use or sell the item.  

2.   A shul, school, or other communal institution is permitted to institute their own lost and found policy for lost items that are not claimed. For example, they may publicize that all lost items will belong to the institution or will be disposed of after thirty days if they are not claimed (Igrot Moshe, C.M. 2:45; Shevet HaLevi 9:308).