24. Responsibility for Maintaining Lost Items

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.   One who is trying to return a lost item (according to the guidelines we have learned when this is required) is responsible to properly safeguard it (Shulchan Aruch, C.M. 267:16). This responsibility begins immediately after one picks up the item (Ketzot HaChoshen 291:4, Halachos of Other People’s Money, p.174).

2.   The finder is responsible for negligence while holding the item. If he or she was negligent in any way, causing the item to be stolen, damaged, or lost, he or she must reimburse the owner for the item’s value (Shulchan Aruch, C.M. 267:16; Shach 14). The finder may also not borrow it for his own use (other than using the method discussed when one is certain no one is claiming it) (Shulchan Aruch and Rema, C.M. 260:9-10). Many poskim permit using items such as a lost siddur, assuming the owner won’t mind since the item is being used for a mitzvah.