By Rabbi Meir Orlian | |||
#175 |
Sukkot |
20.09.2013 |
N/A |
Q: A Rosh Yeshiva found a dirty clothing item. Must he tend to it and try to return it?
A: Although there is a prohibition to ignore a lost item, if a talmid chacham finds an item that is disrespectful for him to tend to, he is exempt from returning it. This exemption is extended to other distinguished individuals, in accordance with the circumstances. The general rule provided by the poskim is: Something that the finder would consider beneath his dignity to retrieve were it his own – he is exempt from returning to others (C.M. 263:1).
Nonetheless, it is a midas chassidus (righteous conduct) for a distinguished individual not to exempt himself. The Shulchan Aruch applies this even to a talmid chacham. The Rama does not allow him, though, because it belittles the honor of Torah; instead, he can compensate the owner (C.M. 263:3).
Some maintain that if the distinguished individual began tending to the lost item, he already began the mitzvah and is required to continue. However, the Gemara indicates that this applies specifically to animals, but not to other items, which he can put back down (C.M. 263:2; SM”A 263:4; Hashavas Aveidah K’halacha 2:11).