Jewish Law

The Mitzvah of Returning Lost Items -- and Lost Souls

If you find someone's diamond ring, you must do your utmost to find the owner. What if you find someone's most precious belonging - their soul - lost and floundering?

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(Photo: shutterstock)(Photo: shutterstock)
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Returning a lost item to its owner is a positive commandment that we learn from a Torah verse: "If you see your brother's ox or sheep straying, do not ignore them; you must return them to your brother" (Devarim 22:1).

Jewish law outlines the extent to which a person who finds a lost item must exert himself to restore it to its owner.

The Sefer HaChinuch (Book of Commandments) explains (Mitzvah 538):

"Our Sages of blessed memory clearly stated (Bava Metzia 30a) that returning lost items is a positive commandment...

"This obligation applies to the finder as long as the lost item is in his possession, even if the owner has already given up hope of finding it [if the item is distinguishable as his]. If he [delays in returning] the lost item, he violates the commandment.

"... this commandment is [also] mentioned as a negative commandment, one which prohibits the finder from ignoring a lost object he encountered. Also, someone who takes a lost item without intending to return it violates this prohibition."

 

The Commandment In-Depth

The mitzvah of returning lost items to their owners benefits society as a whole and contributes to the maintenance of public order.

The Sefer HaChinuch also notes that our Sages have determined that there are situations in which the finder is not obligated to return the lost item to the owner but can keep it for himself. When a person loses something that has no identifying mark (such as a coin or banknote), he generally despairs of having it restored to him as there is no way of tracing it to its owner. Once a person despairs of his property it is no longer considered his. Therefore, the person who finds it has no obligation to return it.

If someone finds a lost item that does have identifying marks and he does not know whether the owner has given up hope of finding it, he is obligated to do his utmost to restore it to its owner. Until he does so, he is considered a "guardian of a lost item" and is responsible for it.

 

Returning Lost Items from a Spiritual Perspective

While the basic interpretation of the commandment refers to returning an object to its owner, the mitzvah is also interpreted as referring to guiding a person who has diverged from the path of Torah back to the correct path.

Thus, the mitzvah can be fulfilled in a variety of ways:

* Providing spiritual guidance: Just as we search for the owners of a lost object, so too should we seek out and help people who have lost their way spiritually. This can be done through studying Torah with them, helping them strengthen their observance of the mitzvot, and giving advice on spiritual matters.

* Making a personal connection: If we find out that someone in the community has become distant from tradition, we should, if possible, initiate conversation with them and encourage them to return. Just as we return a lost item to its owner, so too do we return a person to their proper place.

* Community support: Everyone should do their best to create and be part of a supportive community that provides frameworks for learning, prayers, and social activities that attract people to connect to Jewish values.

The concept of returning lost items in the spiritual sense is based on the Jewish principle of mutual responsibility, according to which all Jews are responsible for the spiritual welfare of their fellow Jews. The mitzvah of returning lost items thus extends to the spiritual realm, reflecting the commitment of each of us to return our friends to the path of Torah and mitzvot.

 

How to Fulfill the Commandment:

The Sefer HaChinuch notes additional details of this mitzvah. Following are excerpts:

* In many cases, the finder must make an announcement regarding the item he has found. He must be familiar with the laws of identifying marks so that he can ensure he restores it to the right person. He must also ensure that he does not inadvertently divulge identifying information that would enable a deceitful person to falsely claim ownership.

* Our Sages determined that identifying marks can include measurements, weight, and the location where it was found.

* In most cases, a person who finds an item that needs to be taken care of in order to preserve it in its current state is obligated to do so. For instance, if a person finds a chicken, he must feed it. If a person finds a fragile vase, he must ensure it does not break.

 

Practical Examples of Fulfilling this Mitzvah

Finding a Wallet: If someone finds a wallet on the street with credit cards inside, he must announce his find, e.g., in the synagogue and local community center. He should also post a notice about finding the wallet on social networks. When the owner comes to claim the wallet, the finder should first ask him to prove it is his (by providing ID) before returning it to him.

Finding Keys: If someone finds car keys in a public parking lot, he should post an announcement on the parking lot's bulletin board and in nearby buildings. He should provide his contact details so that the owner can contact him and claim the keys. Here, too, the owner must prove his claim.

Finding Jewelry: If someone finds a diamond ring in a parking lot, he should post announcements in public places such as shopping centers, synagogues, and schools. In addition, he should post the find online and ask around to see if someone is known to have lost a ring. When the owner arrives to claim the item, they must prove their ownership by describing an identifying mark (such as a scratch, etc., or the place where it was lost).

Finding a Mobile Phone: If someone finds a mobile phone in the street, he should attempt to locate the owner via the contacts in the phone or by posting an announcement on social networks. Here, too, the owner must prove his claim by giving identifying marks.

***

All of us can embrace this mitzvah, returning lost items to their owners and lost souls to the correct path and to their owner -- Hashem.

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תגיות:spiritual growthreturning lost itemshashavat aveidah

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