More Discussions for this daf
1. Yi'ush of coins 2. Finding a coin 3. Is a Siman always necessary?
4. Gemara tries to bring proofs to Rava 5. Ye'ush she'Lo mi'Da'as 6. Lost Objects
7. A Lost Object Without A Siman 8. Yiush she'Lo mi'Da'as 9. Scattered fruits belong to the finder
10. Ye'ush She'Lo mi'Da'as 11. Two types of Ganav 12. Two proofs for Rava
13. RASHI ON THE MISHNAH 14. Scattered Fruit and Coins 15. Duchta d'Inish Inish Hu.
16. Siman is found on an object 17. אדם עשוי למשמש בכיסו בכל שעה
DAF DISCUSSIONS - BAVA METZIA 21

mark g asked:

If one finds a quarter in a Jewish place (e.g. a shul), so that we may assume that it came from a Jew. May he keep it?

If this is based on the assumption that: A person feels his pocket always, and is immediately aware that he lost money,

Perhaps this was true in the times of the Talmud. Maybe the coins were heavier. Maybe one did not keep many coins in his pocket at one time. (If he only held two shekalim in his pocket, he would know when one was missing.)

However, today, when people keep a pocketful of change, one would not know if he lost a quarter.

The proof of this is, ask someone if he has a quarter. The usual response is, "let me check".

So, if it is required that the owner know of his loss, how can you keep the coin?

When it happens to me, I would like to know if I may keep the coin.

Thank you.

Mordechai

The Kollel replies:

Dear Mordechai,

Actual Halachic decisions must be given by a competent Rabbi. However, we can offer the following background:

According to the Gemara there is immediate Yi'ush by money, as you said. So too in Shulchan Aruch CM 262:6 no mention is made to differentiate between large and small sums, although the Taz offers an opinion that if there are several coins in his pocket he won't notice the loss immediately until after he counts them.

The Sefer Hashavas Aveidah k'Hilchasa by Rav Y. Feinhandler brings the Igros Moshe YD 4:23 and also Rav Chaim Kanievsky that one can keep even small money. However, Rav Elyahiv Shlita is quoted that it is not permitted to assume immediate Yi'ush.

(Some compare using the rule of Memashmesh b'Kiso to the rules of Tereifah where the Halachah was set according to the time of the Talmud and so it remains in our day even though seemingly conditions have changed (see Chazon Ish concerning Tereifah YD 5:3).

For the futurue, if you find an object without a Siman the following is suggested (see Feinhandler 5:4): first pick it up and have in mind NOT to possess it, and only after enough time has passed to assume Yi'ush has occured only then to take it for yourself.

All the best,

Reuven Weiner