Translation:Shulchan Aruch/Choshen Mishpat/267

Paragraph 1- One is required to deal with a lost item until he returns it to its owner’s possession in a guarded location. If he returned it an unguarded location, however, such as a garden or ruin, and it was lost from there, the finder is responsible. If he returned in the morning to a place where the owner enters and leaves in the morning, he is not required to deal with it because the owners will see it, even if it is not a guarded area. With respect to living items, however, the finder is always responsible to deal with it until it enters the owner’s guarded possession. He does not need the knowledge of the owner. If one saw an animal fleeing from the coral, and he returned it to its place, he has fulfilled the commandment, and he does not need the owner’s knowledge.

Paragraph 2- If one returned the lost item and it fled, even if this happened 100 times, he is required to return it, as the verse states, “return, you shall return.” “Return” implies even 100 times.

Paragraph 3- If one finds a lost item and does not know who its owner is, he announces it in synagogues and study halls. In a place where the people say that any found item belongs to the king, he would tell his neighbors and friends and that would suffice.

Paragraph 4- How does one announce? If he found money he announces, “whomever lost currency.” Similarly, one would announce “whomever lost clothing,” “an animal” or “documents,” “should come and provide its identifying marks and take it.” The finder is not concerned for a fraudster by announcing the type of lost item, because he would not return it until one provides a high-quality identifying mark. Paragraph 5- If the owner of lost item comes and gives a non-high-quality identifying mark, the finder would not return. In the case of a fraudster, even if he gives a high-quality identifying mark, the finder would not return until he brings witnesses that it belongs to him.

Paragraph 6- Originally, if someone lost an item and came and gave identifying marks, we would return to him, unless he was established as a fraudster. Once the amount of fraudsters increased, the court instituted that the owner must bring witnesses that he is not a fraudster and then he could collect. There are those who say that if one provides a high-quality identifying mark, we would return even today, and he does not need witnesses that he is not a fraudster.

Paragraph 7- Weight, measurement, amount and the location of a lost item are high-quality identifying marks.

Paragraph 8- If two people came and each one gave the same identifying marks on the item, the finder should not give to either one. Rather, he would leave the item until one of them confesses to the other or they come to a settlement ''or one party beings witnesses. If one party brings witnesses and the other brings witnesses and provides an identifying mark, an identifying mark against witnesses is of no effect and the item would be left.''

Paragraph 9- If one gave identifying marks and the other brought witnesses, the finder would give the one who brought witnesses, even if they do not testify that the item fell from him but that they recognize that it belongs to him.

Paragraph 10- If one gave an identifying mark and the other gave an identifying mark and brought a solo witness, the solo witness is considered non-existent and the item would be left. ''There are those who say that the party that is opposing the witness must swear the item belongs to him. If he does not want to swear we would give the item to the party with the witness.''

Paragraph 11- If one found a garment or something similar, and one party brings witnesses that the garment was woven for him, and the other brings witnesses that the garment fell from him, the finder would give the item to the one with falling-witnesses.

Paragraph 12- If one gave the length measurement, and the other gave the width measurement, the finder would give it to the one who gave the length measurement because one can estimate the width measurement while the owner is wearing the garment.

Paragraph 13- If one gave the length and width measurement, and the other gave the weight, the finder would give it to the party that gave the correct weight.

Paragraph 14- If one party says this is what the length is and this is what the width is, and the other said the sum of the length and width is this amount be he does not know the amount of the length and the amount of the width, the finder would give it to the one who said this is the amount of the length and this is the amount of the width. If one said the sum of the length and width and the other said the weight, the finder would give it to the one said the weight because it is not the practice to weigh clothing and thus it is a high-quality identifying mark.

Paragraph 15- If the finder announced and the owner did not come, the item would remain by him until Eliyahu arrives.

Paragraph 16- So long as the lost item is in the possession of the finder, and the item was stolen or misplaced, the finder would be responsible like the laws of a paid watchman. ''There are those who say that one who guards a lost item only has the status of an unpaid watchman. See above 72:2 how we rule with respect to collateral. The same applies here.''

Paragraph 17- So long as the item is in the finder’s possession he is required to deal with so that it does not lose value and he must improve it, such as by shearing flock. He would even be required to deal with the shearing of an ox’s tail, even though it is a small amount.

Paragraph 18- The finder must investigate and check it so that it does not lose value. How so? If he found a wool garment, he must air it out once every 30 days. He may not shake it out with a stick or with two people. He would spread it out on the bed for the sake of item but not for both the sake of the item and for the finder’s sake. If he had guests, he may not spread it out in front of them, even for the item’s sake, because it may be stolen.

Paragraph 19- If one found a wooden vessel, he may use them a little for their sake so that it does not rot. If he found a copper vessel, he would use them with hot water but he may not place the vessel on the fire because it may erode the vessel. If one found a silver vessel, he may use them with cold, but not with hot, because it will blacken the vessel. If one found rakes or axes, he may use them with soft, but not with hard, because he will damage them. If one found gold or glass vessels or a flax garment, he should not touch them until Eliyahu arrives.

Paragraph 20- If one found scrolls, he would read them once every 30 days. If he is unable to read them, he would roll them every 30 days. In all cases he should not learn something from them he has never learned before. He should not read a passage and review it. He should not read the parsha and translate it. He should not open more than three columns. Two individual cannot read two different topics but they can read one topic, if they were only two readers, but not if they were three.

Paragraph 21- If one found tefillin, he my evaluate their cost and put them on immediately if he wants, because it is an item that one has the ability to buy at any time.

Paragraph 22- If one found an item that is alive and thus he has to feed it, and it is something that works and eats, such as a cow or donkey, the finder must deal with it for 12 months from the day he found it. He would rent it out and take the wages to feed it. If its wages were more than the cost of the food, the surplus would go to the owner. The same is true with a chicken, and the finder would sell the eggs and feed it for 12 months. Following that time period, he would appraise the cost and the item would belong to him and the owner as a partnership just like any other case of one who appraises from another.

Paragraph 23- If one found calves or foals that graze, he would deal with them for three months. If they need to be fattened, he would deal with them for 30 days.

Paragraph 24- A finder must deal with geese and large, male chickens for 30 days. If they were very small, and any other case that the work would be more than the wages, he has to deal with it for three days. Following that, he would sell it in court. There are those who say he does not need a court and he can appraise them and buy them for that cost.

Paragraph 25- What should be done with the money? They would give it to the finder and he has permission to use it. Thus, if an unavoidable accident occurred, he would be required to pay. Even if he did not actually use them money, because he has permission to do so, the money has the status of a loan by him. When is it true that he has the right to use the money? With respect to the money that came from the lost item because he troubled himself to deal with it. If he found money, however, he may not use it. Thus, if the money was misplaced due to an unavoidable accident, the finder would be exempt because he only has the status of a paid watchman on them. We already discussed in Paragraph 16 that there are those who disagree and hold he is only an unpaid watchman.

Paragraph 26- During that timeframe where the finder deals with the lost item before he sells it in court, if he fed the item out of pocket, he would collect from the owner without an oath for the good of the world.

Paragraph 27- If one finds an item, he does not have to swear for the good of the world because if you were to say he needs to swear, he would just leave the item and go to avoiding having to swear. Even if one finds a wallet and the owner claims there were two wallets tied together and it is impossible to find one without the other tied with it, he does not have to swear.