Q&A: Returning a Lost Item Used for a Commandment
Returning a Lost Item Used for a Commandment
Question
- I study in a yeshiva. As the Rabbi probably knows, in a yeshiva people move places within the study hall every term. On the shelf next to my place I found a pair of tzitzit. I tried to find out whose it was and asked the previous occupants, and also those before them, whether it was theirs. In addition, I put up a notice. I wanted to know whether I can take the tzitzit for myself. And if so, how long do I need to announce it first?
Answer
In my opinion, you may take it, because we may presume that the person who lost it waives his claim to it for you, and even if when it came into your possession he had not yet given up hope, by now he certainly has relinquished it.
Discussion on Answer
Giving up hope unknowingly is problematic only because conscious relinquishment takes effect only after the item has come into the finder’s possession. But in our case (especially nowadays), the person who lost it gives up his ownership interest in the item even if it reached the finder before he consciously gave up hope (when it was unknowingly). And he certainly allows someone else to use the item, especially since it is an item used for a commandment.
A person can waive his property rights even when the item is in someone else’s possession.
Why? Is giving up hope unknowingly considered giving up hope in the case of an item with identifying marks, that was placed there?