Q: While hiking in a small Golan stream, I spotted an item that fell in the water. May I keep it?
A: When an item falls into a slow-moving river with impediments so that the owner can rescue the item easily, if it has simanim and those likely to find it are Jewish, we presume that the owner does not have yei’ush. Even if he does not chase after the item, he knows that it has simanim and that the finder is required to return it (C.M. 259:7).
[Nonetheless, others are not required to toil to rescue the item if the owner makes no effort and relies on them. However, if it is difficult for the owner and easy for others, they are required to make the effort.]
However, if there aren’t simanim so that once the item distances the owner has no way to claim it, if he chases after it (or if not present) the finder is required to return it, because the owner does not have yei’ush and thinks that whoever sees him chasing the item will return it to him (Rema, ibid.; Sma 259:19; Nesivos 259:3).
However, if the owner does not chase after the item, we presume his yei’ush, because he knows that later he will have no basis to claim the item.
