Q&A: Unknowing Despair
Unknowing Despair
Question
Hello Rabbi,
According to the view that unknowing despair is not considered despair, what is the finder expected to do with such a lost item?
Answer
In principle, since it came into his possession unlawfully (that is, before despair), he has an obligation to return it to its owner like any other lost item.
On Wikipedia, under the entry “Unknowing Despair,” the opinions of the halakhic decisors regarding use of the item in the meantime are summarized:
The medieval authorities (Rishonim) disagreed whether one may use an item he found,[29] or whether “it must remain until Elijah comes,” and he may not use it at all.[30]Those who maintain that as long as he does not know to whom the lost item belongs, he acquires it and may do with it as he wishes, explain that the ruling that unknowing despair is not despair is relevant only in a case where the identity of the owner is known.[31] As a practical halakhic ruling, Rabbi Ben-Zion Abba Shaul[32] ruled that one may use it.
In a case where someone took an item from its owner and he knows clearly that the owner agrees that he should take it, even though he did not receive explicit permission, in such a case, according to the Beit Yosef, even Abaye agrees with Rava.
Discussion on Answer
If a person didn’t take it, he should leave it where it is. Once he took it, there is an obligation to return it, or else it must remain set aside.
And what about “you shall surely return them”?
(And why leave it there at all? As far as I know, only something left in a normal resting place is left where it is.)
“You shall surely return them” applies after you picked it up. Maybe you are not allowed to ignore it, but that depends on whether it has an identifying mark or not. If it has an identifying mark, then pick it up and look for the owner; if it has no identifying mark, leave it where it is.
If I’m not mistaken, the Ritva already explained that the phrase “it came into his possession unlawfully” does not mean an actual prohibition. See his comments.
I didn’t understand. What does the Torah expect a Jew to do if he is faced with such a lost item? Take it? So the Torah wants us to commit prohibitions (“it came into his possession unlawfully”)?