To return a lost item to an Israelite: To return a lost item to its owners, as it is stated (Deuteronomy 22:1), “you shall surely return them to your brother.” And in the explanation, they, may their memory be blessed, said (Bava Metzia 30a) [that] returning a lost item is a positive commandment. And this commandment is repeated in another place in the Torah, as it is stated (Exodus 23:4), “When you encounter your [enemy’s] ox, etc., you shall surely return it to (your brother).”
The root of this commandment is known — as there is in it a benefit to all, and to the ordering of the state; as forgetfulness exists with all [people, and] also their beasts and all of their animals flee here and there. And with this commandment that is among our people, beasts and vessels will be safe in every place that they may be in our holy Land as if they were under the hand of their owners. “And all of the directives of the Lord are straight, they rejoice the heart.”
From the laws of this commandment are what they, may their memory be blessed, said (Bava Metzia 21a) [that] there are found items that a person finds in [such] a way or place that he is not obligated to return to their owners, but rather becomes entitled to them himself, as the Torah did not obligate him in these. And [it is] like they said in the Mishnah (Bava Metzia 21a), “These are the found items which belong to him [the finder]: If one found scattered fruit, scattered money, sheaves in the public domain, fig-cakes, baker’s bread, strings of fish, cuts of meat, wool as it is from the country, bundles of flax and purple wool.” And they said in the Gemara (Bava Metzia 23a), “Rav Zvid said, ‘The law is that sheaves in the public domain, behold they are his; in a private domain, if they are in the way of falling, they are his, but if they are in the way of [deliberate] placing, he is obligated to announce [them.’” And there, they explained how is the way of placing and [how is] the way of falling. And this is with something that has no [identifying] mark, but with something that has a mark — whether it is in the public domain or in the private domain, whether it is in the way of falling or in the way of placing — he is obligated to announce [it. This is the case] except for things that are found in the tide-places of the sea or in the flooding areas of the river. As in those places, even though it has a mark, the Merciful One (in the Torah) permitted it. And they extrapolated this (Bava Metzia 22a) from that which Scripture said, “that is lost from your fellow and you find” — that which is lost from him but found by everyone, which is to say [that] you are obligated to return [it, if it is found] in marketplaces and paths; [and this] excludes that of the river, where it is lost from him and from everyone, [such] that you are not obligated to return it, but rather the finder is entitled to it. And they, may their memory be blessed, said (Bava Metzia 23a) [that] the reason a person is entitled to a found item that has no mark is because its owner has given up hope on it, which is to say that he has removed his mind and his entitlement from it, since it has no mark or — (Bava Metzia 24a) even when it has a mark — if it fell in the places where owners give up hope from it regardless, for example marketplaces where its majority “is not from the Children of Israel.” And [so] behold, the one that finds it is like one who becomes entitled to [something] ownerless.
And the laws of the things that a person is obligated to announce and what thing is a mark [on account of which] we return the lost item to its owner; and that which they said about this (Bava Metzia 28a), that size, number, weight and place are marks; and the law of one who says the measure of its length and one who says the measure of its width, or one who says its length and width and one who says its weights; and the law of one who saw a sela (a coin) fall from his fellow and he picked it up before [the owner’s] giving up hope or after [his] giving up hope, which is to say after he heard his fellow say, “Woe is to me, for that which I have lost,” or similar to it; and the law that they said (Bava Metzia 27a) that a lost item that does not have a worth of the value of a perutah (a very small coin), that he is not obligated to take care of it and not to return it; and that which they said (Bava Metzia 28b) that from when the cheaters proliferated, we say to [the owner], “Bring witnesses that you are not a cheater and take [it]”; and the law of all things that produce [value] and consume or consume and do not produce, [as to] what are their laws, and how much time one has to take care of a cow and a donkey and calves and foals and geese and chickens; and the law of how he should deal with books or tefillin or vessels of wool or flax or other vessels; and that which they said (Bava Metzia 30a) that there are factors [through which] the finder does not become obligated to return the lost item — for example, an elder and it is not according to his honor or a priest in a graveyard; and the rest of the details of the commandment are [all found] in the second chapter of Bava Metzia .
And it is practiced in every place and at all times, by males and females. And one who transgresses this, and finds a found item that he is obligated to return — according to the matter that we have mentioned — and does not return it, has violated this positive commandment, besides having violated a negative commandment, as we shall write in this Order (Sefer HaChinukh 539) about the negative commandments that are adjacent, with God’s help.
לְהָשִׁיב אֲבֵדָה לְיִשְׂרָאֵל – לְהָשִׁיב אֲבֵדָה לִבְעָלֶיהָ, שֶׁנֶּאֱמַר (דברים כב א) הָשֵׁב תְּשִׁיבֵם לְאָחִיךָ. וּבְבֵאוּר אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"מ ל, א) הֲשָׁבַת אֲבֵדָה עֲשֵׂה הוּא, וְנִכְפְּלָה הַמִּצְוָה בְּמָקוֹם אַחֵר בַּתּוֹרָה, שֶׁנֶּאֱמַר כִּי תִפְגַּע שׁוֹר אָחִיךָ וְגוֹ' הָשֵׁב תְּשִׁיבֵם לְאָחִיךָ.
To return a lost item to an Israelite: To return a lost item to its owners, as it is stated (Deuteronomy 22:1), “you shall surely return them to your brother.” And in the explanation, they, may their memory be blessed, said (Bava Metzia 30a) [that] returning a lost item is a positive commandment. And this commandment is repeated in another place in the Torah, as it is stated (Exodus 23:4), “When you encounter your [enemy’s] ox, etc., you shall surely return it to (your brother).”
שֹׁרֶשׁ מִצְוָה זוֹ יָדוּעַ, כִּי יֵשׁ בָּזֶה תּוֹעֶלֶת הַכֹּל וְיִשּׁוּב הַמְּדִינָה, שֶׁהַשִּׁכְחָה בַּכֹּל הִיא מְצוּיָה, גַּם בְּהֶמְתָּם וְכָל חַיָּתָם בּוֹרְחִים תָּמִיד הֵנָּה וָהֵנָּה, וְעִם הַמִּצְוָה הַזֹּאת שֶׁהִיא בְּעַמֵּנוּ, יִהְיוּ נִשְׁמָרוֹת הַבְּהֵמוֹת וְהַכֵּלִים בְּכָל מָקוֹם שֶׁיִּהְיוּ בְּאַרְצֵנוּ הַקְּדוֹשָׁה, כְּאִלּוּ הֵן תַּחַת יַד הַבְּעָלִים, וְכָל פִּקּוּדֵי יְיָ יְשָׁרִים מְשַׂמְּחֵי לֵב (תהלים יט, ט).
The root of this commandment is known — as there is in it a benefit to all, and to the ordering of the state; as forgetfulness exists with all [people, and] also their beasts and all of their animals flee here and there. And with this commandment that is among our people, beasts and vessels will be safe in every place that they may be in our holy Land as if they were under the hand of their owners. “And all of the directives of the Lord are straight, they rejoice the heart.”
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם כא א), שֶׁיֵּשׁ מְצִיאוֹת שֶׁהָאָדָם מוֹצֵא בְּעִנְיָן וּבְמָקוֹם שֶׁאֵינוֹ חַיָּב לַהֲשִׁיבָן לְבַעְלֵיהֶן אֶלָּא זוֹכֶה בָּהֶן לְעַצְמוֹ, שֶׁלֹּא חִיְּבָנוּ הַתּוֹרָה בָּאֵלּוּ, וּכְמוֹ שֶׁאָמְרוּ בַּמִּשְׁנָה (שם) אֵלּוּ מְצִיאוֹת שֶׁלּוֹ, מָצָא פֵּרוֹת מְפֻזָּרִין, מָעוֹת מְפֻזָּרוֹת, כְּרִיכוֹת בִּרְשׁוּת הָרַבִּים, פֵּרוּשׁ עֳמָרִים, עִגּוּלֵי דְּבֵלָה, כִּכָּרוֹת שֶׁל נַחְתּוֹם, וּמַחְרוֹזוֹת שֶׁל דָּגִים, וַחֲתִיכוֹת שֶׁל בָּשָׂר, וְגִזֵּי צֶמֶר הַבָּאוֹת מִמְּדִינָתָם, וַאֲנִיצֵי פִּשְׁתָּן, וּלְשׁוֹנוֹת שֶׁל אַרְגָּמָן. וְאָמְרוּ בַּגְּמָרָא (שם כג, א) אָמַר רַב זְבִיד הִלְכְתָא כְּרִיכוֹת בִּרְשׁוּת הָרַבִּים הֲרֵי אֵלּוּ שֶׁלּוֹ, בִּרְשׁוּת הַיָּחִיד, אִי דֶּרֶךְ נְפִילָה הֲרֵי אֵלּוּ שֶׁלּוֹ, וְאִי דֶּרֶךְ הַנָּחָה חַיָּב לְהַכְרִיז, וְשָׁם בֵּאֲרוּ כֵּיצַד הוּא דֶּרֶךְ הַנָּחָה אוֹ דֶּרֶךְ נְפִילָה, וְזֶה בְּדָבָר שֶׁאֵין בּוֹ סִימָן, אֲבָל בְּדָבָר שֶׁיֵּשׁ בּוֹ סִימָן בֵּין בִּרְשׁוּת הָרַבִּים בֵּין בִּרְשׁוּת הַיָּחִיד, בֵּין דֶּרֶךְ נְפִילָה בֵּין דֶּרֶךְ הַנָּחָה חַיָּב לְהַכְרִיז, חוּץ מִן הַדְּבָרִים הַנִּמְצָאִים בְּזוּטוֹ שֶׁל יָם וּבִשְׁלוּלִיתוֹ שֶׁל נָהָר, שֶׁבְּאוֹתָן הַמְּקוֹמוֹת אַף עַל גַּב דְּאִית בֵּהּ סִימָן רַחֲמָנָא שַׁרְיֵהּ, וְדִקְדְּקוּ זֶה (שם כב א) מִמָּה שֶׁאָמַר הַכָּתוּב אֲשֶׁר תֹּאבַד מִמֶּנּוּ וּמְצָאתָהּ, מִי שֶׁאֲבוּדָה מִמֶּנּוּ וּמְצוּיָה אֵצֶל כָּל אָדָם, כְּלוֹמַר בַּשְּׁוָקִים וּבַדְּרָכִים אוֹתָהּ אַתָּה חַיָּב לְהָשִׁיב, יָצְאתָהּ זֹאת שֶׁל נָהָר, שֶׁאֲבוּדָה מִמֶּנּוּ וּמִכָּל אָדָם, שֶׁאֵין אַתָּה חַיָּב לַהֲשִׁיבָהּ, אֶלָּא הַמּוֹצֵא זוֹכֶה בָּהּ. וְטַעַם הֱיוֹת הָאָדָם זוֹכֶה בִּמְצִיאָה שֶׁאֵין בָּהּ סִימָן, אָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם כג, א) לְפִי שֶׁבַּעְלָהּ מִתְיָאֵשׁ מִמֶּנָּה, כְּלוֹמַר שֶׁמְּסַלֵּק דַּעְתּוֹ וּזְכוּתוֹ מֵעָלֶיהָ, אַחַר שֶׁאֵין לוֹ בָּהּ סִימָן, אוֹ (שם כד א) אֲפִלּוּ בְּשֶׁיֵּשׁ בָּהּ סִימָן כְּשֶׁנָּפַל בְּמָקוֹם שֶׁהַבְּעָלִים מִתְיָאֲשִׁים מִמֶּנּוּ עַל כָּל פָּנִים, כְּגוֹן שְׁוָקִים שֶׁרֻבָּן גּוֹיִם, וַהֲרֵי הַמּוֹצְאָהּ, כְּזוֹכֶה מִן הַהֶפְקֵר.
From the laws of this commandment are what they, may their memory be blessed, said (Bava Metzia 21a) [that] there are found items that a person finds in [such] a way or place that he is not obligated to return to their owners, but rather becomes entitled to them himself, as the Torah did not obligate him in these. And [it is] like they said in the Mishnah (Bava Metzia 21a), “These are the found items which belong to him [the finder]: If one found scattered fruit, scattered money, sheaves in the public domain, fig-cakes, baker’s bread, strings of fish, cuts of meat, wool as it is from the country, bundles of flax and purple wool.” And they said in the Gemara (Bava Metzia 23a), “Rav Zvid said, ‘The law is that sheaves in the public domain, behold they are his; in a private domain, if they are in the way of falling, they are his, but if they are in the way of [deliberate] placing, he is obligated to announce [them.’” And there, they explained how is the way of placing and [how is] the way of falling. And this is with something that has no [identifying] mark, but with something that has a mark — whether it is in the public domain or in the private domain, whether it is in the way of falling or in the way of placing — he is obligated to announce [it. This is the case] except for things that are found in the tide-places of the sea or in the flooding areas of the river. As in those places, even though it has a mark, the Merciful One (in the Torah) permitted it. And they extrapolated this (Bava Metzia 22a) from that which Scripture said, “that is lost from your fellow and you find” — that which is lost from him but found by everyone, which is to say [that] you are obligated to return [it, if it is found] in marketplaces and paths; [and this] excludes that of the river, where it is lost from him and from everyone, [such] that you are not obligated to return it, but rather the finder is entitled to it. And they, may their memory be blessed, said (Bava Metzia 23a) [that] the reason a person is entitled to a found item that has no mark is because its owner has given up hope on it, which is to say that he has removed his mind and his entitlement from it, since it has no mark or — (Bava Metzia 24a) even when it has a mark — if it fell in the places where owners give up hope from it regardless, for example marketplaces where its majority “is not from the Children of Israel.” And [so] behold, the one that finds it is like one who becomes entitled to [something] ownerless.
וְדִינֵי הַדְּבָרִים שֶׁאָדָם חַיָּב לְהַכְרִיז, וְכֵיצַד יַעֲשֶׂה הַהַכְרָזָה, וְאֵיזֶה דָּבָר יִהְיֶה סִימָן שֶׁנָּשִׁיב הָאֲבֵדָה לִבְעָלֶיהָ בּוֹ. וּמָה שֶׁאָמְרוּ בָּזֶה (שם כח, א) דְּמִדָּה וּמִנַּיִן וּמִשְׁקָל וּמָקוֹם הָוֵי סִימָן. וְדִין זֶה אוֹמֵר מִדַּת אָרְכּוֹ וְזֶה אוֹמֵר מִדַּת רָחְבּוֹ, אוֹ זֶה אוֹמֵר אָרְכּוֹ וְרָחְבּוֹ וְזֶה מִשְׁקְלוֹתָיו, וְדִין רָאָה סֶלַע שֶׁנָּפְלָה מֵחֲבֵרוֹ וּנְטָלָהּ לִפְנֵי יֵאוּשׁ אוֹ לְאַחַר יֵאוּשׁ, כְּלוֹמַר אַחַר שֶׁשָּׁמַע מֵחֲבֵרוֹ שֶׁאָמַר וַי לִי עַל מָה שֶׁאָבַד, אוֹ כַּיּוֹצֵא בָּזֶה, וְדִין מָה שֶׁאָמְרוּ (שם כז, א) שֶׁאֲבֵדָה שֶׁאֵין בָּהּ שָׁוֶה פְּרוּטָה שֶׁאֵין חַיָּב לְהִטַּפֵּל בָּהּ וְלֹא לַהֲשִׁיבָהּ. וּמָה שֶׁאָמְרוּ (שם כח, ב) דְּמִשֶּׁרַבּוּ הָרַמָּאִים אוֹמְרִים לוֹ הָבֵא עֵדִים שֶׁאֵין אַתָּה רַמַּאי וְטֹל, וְדִין כָּל דָּבָר שֶׁעוֹשֶׂה וְאוֹכֵל אוֹ הָאוֹכֵל וְאֵינוֹ עוֹשֶׂה מָה דִּינָם, וְכַמָּה זְמַן יִטַּפֵּל בְּפָרָה וַחֲמוֹר וּבַעֲגָלִים וּסְיָחִים וְאַוָּזִים וְתַרְנְגוֹלִים, וְדִין סְפָרִים אוֹ תְּפִלִּין אוֹ כֵּלִים שֶׁל צֶמֶר וּפִשְׁתָּן אוֹ כֵּלִים אֲחֵרִים אֵיךְ יִתְנַהֵג בָּהֶם, וּמָה שֶׁאָמְרוּ (שם ל, א) שֶׁיֵּשׁ צְדָדִים שֶׁלֹּא יִתְחַיֵּב הַמּוֹצֵא לְהָשִׁיב הָאֲבֵדָה, כְּגוֹן זָקֵן וְאֵינָהּ לְפִי כְּבוֹדוֹ אוֹ כֹּהֵן וְהוּא בְּבֵית הַקְּבָרוֹת, וְיֶתֶר פְּרָטֵי הַמִּצְוָה בְּבָבָא מְצִיעָא בְּפֶרֶק שֵׁנִי.
And the laws of the things that a person is obligated to announce and what thing is a mark [on account of which] we return the lost item to its owner; and that which they said about this (Bava Metzia 28a), that size, number, weight and place are marks; and the law of one who says the measure of its length and one who says the measure of its width, or one who says its length and width and one who says its weights; and the law of one who saw a sela (a coin) fall from his fellow and he picked it up before [the owner’s] giving up hope or after [his] giving up hope, which is to say after he heard his fellow say, “Woe is to me, for that which I have lost,” or similar to it; and the law that they said (Bava Metzia 27a) that a lost item that does not have a worth of the value of a perutah (a very small coin), that he is not obligated to take care of it and not to return it; and that which they said (Bava Metzia 28b) that from when the cheaters proliferated, we say to [the owner], “Bring witnesses that you are not a cheater and take [it]”; and the law of all things that produce [value] and consume or consume and do not produce, [as to] what are their laws, and how much time one has to take care of a cow and a donkey and calves and foals and geese and chickens; and the law of how he should deal with books or tefillin or vessels of wool or flax or other vessels; and that which they said (Bava Metzia 30a) that there are factors [through which] the finder does not become obligated to return the lost item — for example, an elder and it is not according to his honor or a priest in a graveyard; and the rest of the details of the commandment are [all found] in the second chapter of Bava Metzia .
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן, בִּזְכָרִים וּנְקֵבוֹת, וְהָעוֹבֵר עַל זֶה וּמָצָא מְצִיאָה שֶׁחַיָּב לַהֲשִׁיבָהּ עַל הָעִנְיָן שֶׁזָּכַרְנוּ וְלֹא הֱשִׁיבָהּ בִּטֵּל עֲשֵׂה זֶה, מִלְּבַד שֶׁעָבַר עַל לָאו, כְּמוֹ שֶׁנִּכְתֹּב בְּסֵדֶר זֶה בַּלָּאוִין (מצוה תקלט) בְּסָמוּךְ בְּעֶזְרַת הַשֵּׁם.
And it is practiced in every place and at all times, by males and females. And one who transgresses this, and finds a found item that he is obligated to return — according to the matter that we have mentioned — and does not return it, has violated this positive commandment, besides having violated a negative commandment, as we shall write in this Order (Sefer HaChinukh 539) about the negative commandments that are adjacent, with God’s help.