The Mitzvah of Returning Lost Items: What the Torah Teaches About Honesty and Responsibility

The commandment to return lost property (hashavat aveidah) is a positive mitzvah between a person and their fellow, requiring one to return any lost item to its rightful owner. This obligation continues as long as the lost item remains in one’s possession — even if the owner has already despaired of finding it. Refusing to return it violates a positive commandment, and taking or ignoring a lost item without intent to return it also transgresses a Torah prohibition.

The Torah teaches: “You shall not see your brother’s ox or sheep wandering and ignore them; you shall surely return them to your brother... You shall do the same with his donkey, with his garment, and with anything your brother has lost and you have found — you may not ignore it” (Devarim 22:1–3).

How It Was Done in Ancient Times

When the Temple stood, Jews coming to Jerusalem for the pilgrimage festivals would announce lost items at a special location called Even HaTo’en (“The Claimant’s Stone”). After the destruction of the Temple, the Sages ruled that one should instead announce the find in synagogues and study halls. In places where local law required turning lost items over to authorities, it was sufficient to notify neighbors and acquaintances.

Identifying the Owner

The owner must provide identifying signs (simanim) proving that the item belongs to them. If the claimant is known to be dishonest, the finder must demand witnesses. However, a recognized Torah scholar may reclaim his item by simple visual recognition (tevi’at ayin), without needing to give signs.

Responsibilities of the Finder

The finder must care for the item so it does not lose value and may even use it if necessary to prevent damage through neglect. If maintaining the item incurs expenses, the finder may be reimbursed from the item’s value. In some cases, when upkeep becomes too costly, halacha permits selling the item to prevent financial loss.

When Returning Is Not Required

There are situations where the mitzvah does not apply, such as:

• When it is clear the owner despaired before it was found (e.g., a single loose bill found in the street).

• When the item’s value is less than a perutah (a minimal coin).

• If the owner is not Jewish.

• If the finder is a respected individual who would not normally handle such an item.

• If retrieving the item would violate halacha (e.g., a kohen entering a cemetery).

• When the item is irretrievably lost (“lost from him and from everyone”).

• When returning it would cause a financial loss greater than the item’s worth.

• When the finder is engaged in another mitzvah at that moment, for “one occupied in a mitzvah is exempt from another.”

This mitzvah beautifully combines social responsibility, honesty, and care for others’ property — reflecting the Torah’s vision of a just and compassionate society.