By Rabbi Meir Orlian | |||
#201 |
Shemini |
21.03.2014 |
N/A |
Q: When I find an aveidah that has no simanim and I can keep it, how does it become mine?
A: In order to acquire an aveidah, you need to perform an act of acquisition appropriate for that particular item. Thus, most small items need to be picked up (hagbahah); larger items need to be dragged (meshichah) into a private or semiprivate area (C.M. 268:1; 198:1).
Your property can also “acquire on your behalf,” even without your awareness, if the property is secure. This applies on condition that you are likely to discover the aveidah. Thus, in a place where there are many other people — a bank, hotel, large store, etc. — the property will not acquire for its owner. If the property is not secure, though, you need to be standing nearby and aware of the metziah with intention to acquire it (C.M. 268:3; Hashavas Aveidah K’halachah 14:3).
In addition, the Sages instituted that when a person approaches an aveidah in a semipublic area, whoever comes first within four amos (approx. 7 feet/2.13 meters) acquires it, in order to reduce disputes. In a public area, though, you must take actual possession of the item (C.M. 268:2).