The Torah commands in Parashat Ki-Teseh (Debarim 22:1) that when one finds an object which his fellow had lost, “Hasheb Teshibem Le’ahicha” – he must return it to his fellow.
The Sefer Ha’hinuch explains that this practice, of people returning lost objects to their owners, results in a sense of law and order in society. After all, the Sefer Ha’hinuch writes, “Ha’shicheha Ba’kol Mesuya” – forgetfulness is exceedingly common among all people. Objects are forgotten quite frequently, and so it is in the interest of society for there to be a policy in place requiring people to return lost objects that they find to their owner.
Interestingly, the Sefer Ha’hinuch writes in developing this point that “in our sacred land,” we should view somebody’s object that comes under our possession as though it is in his possession, and not keep it for ourselves. The Sefer Ha’hinuch speaks of this Misva as related specifically to the society that we are to build in the Land of Israel – despite the fact that, quite clearly, the Misva applies everywhere, and not only in Eretz Yisrael. Later writers struggle to explain the Sefer Ha’hinuch’s intent. One approach, cited in the name of Rav Samson Raphael Hirsch (Germany, 1808-1888), explains that the Sefer Ha’hinuch made this remark because the command of “Hashabat Abeda” (returning lost objects) was presented in the Book of Debarim, just before Beneh Yisrael entered the land. This Misva is among the laws that Moshe introduced as he prepared the people for entering Eretz Yisrael, laws which relate to the proper way to run their country and their society. Therefore, although this Misva obviously applies everywhere, the Sefer Ha’hinuch emphasized its importance in the Land of Israel, because this Misva was presented as part of Moshe’s instructions for how to run the nation in the Land of Israel. (“Hashabat Abeda” was likely not very applicable during Beneh Yisrael’s sojourn in the wilderness, and so Moshe first introduced it as he prepared the nation for crossing into the land.)
There are a number of circumstances in which one may keep a lost object which he finds. One instance is when he finds an object with no Siman – meaning, without a unique, identifiable feature. An example is money or fruit that was found scattered about. The finder may keep what he finds, because it may be assumed that the owner already despaired, figuring that he cannot retrieve what he lost, since it has no identifiable feature. Another example is an object lost in an area where the majority of people are not Jewish, as the owner had likely despaired and lost hope of retrieving the object.
If one finds a lost object that is worth less than a “Peruta” (a simple coin), he is not obligated to return it.
The Sages enacted a provision requiring the owner of a lost object to bring two witnesses who can attest to his honesty in order to claim his object. This was done because of the preponderance of “Rama’im” – deceitful people who would falsely claim ownership over lost items.
A person of stature, for whom handling and returning the lost object that he finds would compromise his dignity (“Zaken Ve’eno Lefi Kebodo”), is exempt from the Misva of “Hashabat Abeda.”
The Gemara in Masechet Baba Mesia teaches that the Misva of “Hashabat Abeda” includes giving somebody directions if he is lost. Just as there is a Misva to return a lost object, there is a Misva to “return” a lost person to himself, by showing him where to go. The Minhat Hinuch (Rav Yosef Babad, 1801-1874) adds that leading a person away from sinful behavior also falls under the Misva of “Hashabat Abeda.” A person who acts sinfully is spiritually “lost,” having drifted from his true self, and so showing him the way back to proper behavior is akin to directing somebody who is lost toward his destination.
This Misva applies in all times and places, and is binding upon both men and women. One who finds a lost object and fails to return it to its owner has transgressed this affirmative command.
In this context (22:3), the Torah also adds a prohibition – “Lo Tuchal Le’hit’alem” – “You are not allowed to ignore.” One violates this prohibition by taking a lost object before the owner has despaired, with the intention of keeping it for oneself without returning it. This command is also transgressed by intentionally waiting until the individual despairs, and then taking the object for oneself. One is not liable to Malkut for this violation, however, because it can be rectified by returning the objects to its owner, and any violation which can be rectified is not punishable by Malkut.