Q&A: Returning a Lost Book to a Library
Returning a Lost Book to a Library
Question
Hello Rabbi,
Is one required to return to the library a book that was borrowed from the library? The consideration is that every subscriber has to deposit a check, and if the book is not returned they cash it. So now, after some time, is the book basically no longer the library's property, or does it remain theirs even if they collected the money?
And if it is possible to find the borrower, does one need to return it to him?
Answer
Obviously a borrowed library book must be returned to the library. The check was given as collateral for the possibility that you would not return it. The library did not transfer ownership of the book to you, and the check is not payment of a purchase price for the book.
On a second reading, I understand that the case is that you didn’t find the book, they cashed the check, and now you found it in your possession. It seems to me that you still need to return it, and get the money back. Even if this is considered a purchase, the purchase was made in error.
It is true that in the laws of bailees, if the item was stolen and you paid for it, and now the thief is found, there is a discussion whether it belongs to you or to the owner (Maimonides, Laws of Borrowing and Deposit 8:1 rules that it belongs to the bailee), but there the item changed hands, whereas here it did not.
Discussion on Answer
Even a lost item with identifying marks does not have to be returned after despair.
Not true. If the despair occurred after it came into your possession, then of course it must be returned. And even if the despair was before that, there is still a moral obligation to return it (and some opinions hold that one may even be compelled to do so).
I already stopped following how the discussion developed. I saw that in the end they were talking about a book found in the street and not borrowed from the library. But even in that case, there is still a doubt as to when, and whether, there was despair at all (since when there are identifying marks, there is no reason to assume there was despair. All the more so since this is public property, and it is not clear whether despair applies here at all, or how). Beyond that, the latter part of what I wrote is also relevant.
If the treasurer has the right to despair, then presumably from the moment they collected the money it is already considered that he despaired.
Moving this here:
Hello,
Sorry for opening a new thread; for some reason I’m not able to reply in one of the existing ones.
Sorry it wasn’t clear: I meant that I found a book in a public place, and it says on it that it belongs to a library. I have no connection to the borrower and don’t know who he is. The question was what I need to do now with the book.
Am I obligated under the law of returning lost property to return it to the library? Or to the borrower? Or perhaps to neither of them (since in effect the library already collected the money)?
My answer:
Certainly the book must be returned, because this is a lost item with identifying marks (it says on it that it belongs to the library). At most, the library will return the money it collected to the borrower.