Hashovas Avaidah
Question:
My brother works in a store in Crown Heights and found a stroller that was left behind already for three days. He offered it to me and said that if I don’t take it he’ll end up throwing it out. I posted the stroller on a couple of WhatsApp groups and no one responded. I really do want that stroller and otherwise it’ll be thrown out. Can I take it and use it?
Answer:
You have the obligation to publicize that you found this stroller in a way that the owner would find out about it (WhatsApp groups would not suffice under normal circumstances as not everyone has WhatsApp).
After a couple of days go by after you would assume that the owner found out where they lost it or who they can contact to receive their stroller back, you may:
1) Write down:
▪ Any Simanim that there is on the stroller;
▪ The time and place it was found.
2) Three people should evaluate the price and write it down.
From then on one can use the item for oneself.
If or when – with the coming of Moshiach, certainly the matter will be resolved – the owner should show up and give you the accurate details of the lost object, you are obligated to give them the amount it was worth at the time of the loss.
Sources:
ראה שוע”ר מציאה ופקדון א-ג.
ובספק יאוש ובכל מקום שאומרים יהא מונח עד שיבא אליהו יכול לרשום כבפנים – תשובת הגרמ״פ, נד׳ בהשבת אבידה כהלכה (אוצר הפוסקים) ע’ קעד ואילך.
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