Yiush
Picked up item after yiush. If one picks up a lost item after the owner gave up hope of finding it the finder may keep it even if it has a siman (שו''ע חו''מ סי' רס''ב ס''ה ). If one picks it up before yiush, he is obligated to return it, and it does not become his even after the owner gives up on finding it, as it was forbidden to him when it came into his hands [באיסורא בא לידו].
Thus, if an item was lying somewhere for a long time and it appears the owner gave up on it, a finder may keep it for himself even if it has a siman, as it is reasonable to assume the owner has completely given up on it (שו''ע סי' רס''ב ס''ה ).
Items from an apartment’s prior tenant. Thus, if one finds items in an apartment that likely belong to a tenant who left long ago, the finder may use the items, as the owner certainly gave up on them.
Money
We wrote (Issue 74, par. 27) that if one finds money in a place frequented by many people, he may keep it since there is no siman and we assume the owner certainly gave up on it, as people constantly check their pockets. Since the owner already gave up on the money by the time the finder picked it up, there is no problem of יאוש שלא מדעת.
Store, taxi. Money left in a privately owned area where many people come, e.g., a store or taxi, does not automatically belong to the storeowner or taxi driver, as it is in an unguarded area [חצר שאינה משתמרת ]. Since the one who lost the money certainly gave up on it, as mentioned, the finder may keep it.
Promissory Note [שטר חוב ]
If one finds a promissory note and does not know if it belongs to the lender or borrower, and they also do not agree who it belongs to, he should not return it to either of them; he should tear it up (שו''ע חו''מ סי' ס''ה ס''ח ).
Check/Cheque
With payee’s name. If one finds a signed check with a payment amount and the payee’s name filled out, but he does not know if the payer or payee dropped it, if the payee gives a clear siman, e.g., the check number, or if the payee’s name is written in handwriting different than the payer’s, the check certainly belongs to the payee, and the finder should return it to him. Also, if the payer admits the check belongs to the payee, the finder should give it to the payee even without a siman.
However, if the payer does not say it belongs to the payee and the payee does not have a siman, the finder should tear it up, as he does not know who dropped it, and the finder may not collect the check amount for himself. However, if the payer gives a siman about where it was found, it is a valid siman and the check should be returned to the payer.
No payee’s name. A signed check with the payment amount filled in but the section for the payee’s name left blank should be torn up unless both parties agree who it belongs to or someone gives a siman about where it was found.
