Q: I found a lost MP3 player and publicized it. While holding it, am I liable if it gets stolen? Can I entrust the player to someone else? May I use it meanwhile?

A: While you hold a lost item, you are responsible to guard it. There is a dispute in the Gemara (B.M. 29a) whether you are considered a shomer sachar (paid guardian) or a shomer chinam (unpaid guardian). The Shulchan Aruch rules that you are considered a shomer sachar and liable for theft. However, the Rema and later authorities cite the opposing opinion that you are a shomer chinam and exempt you (based on hamotzi mechaveiro), unless you were negligent (C.M. 267:16; Shach 267:14).

Although a regular guardian may transfer the item only to his household or someone the owner deems trustworthy, you may entrust a lost item to any reliable person. However, it may not be used. Some authorities allow you to use the item in a manner that does not damage it at all, if it is the type of item that the owner would certainly allow you to use (Pischei Choshen, Aveidah 6:3-4; Hashavas Aveidah K’halachah 3:9-12).