By Rabbi Meir Orlian | |||
#186 |
Vayechi |
13.12.2013 |
N/A |
Q: I found an item belonging to a child. Do the laws of hashavas aveidah apply to children’s possessions?
A: If you find a child’s belonging with a siman, you should publicize it, as you would for any other aveidah.
If the item has no siman, where we presume yei’ush (despair), there is a distinction between something used by the child but owned by the parent, and something owned by the child, since the yei’ush of a minor child is not valid (see Nesivos 260:11; Pischei Choshen, Aveidah 2:4).
Something used by the child but owned by a parent requires the yei’ush of the parent-owner. Thus, if the parent was likely to be aware of potential loss, e.g. of a pacifier or a baby’s clothing item or the like, you may keep the item, just as with any other aveidah with no siman. If the parent is not likely to be aware of the loss, it is considered yei’ush shelo midaas, as discussed last week.
However, something that is likely to be owned by the child, e.g. children’s jewelry, a watch, a baseball card or stamp collection, is not subject to yei’ush. Thus, the halacha remains yehei munach ad sheyavo Eliyahu, as discussed last week (Hashavas Aveidah K’halachah, 9:1-2).