Yei’ush – Abandonment #9
Questionable Yei’ush
Q: I found an item, but am not sure whether the owner had yei’ush. What should I do?
A: We mentioned previously that if you found an item before the owner was aware of the loss, you may not keep it, even if the owner subsequently became aware and had yei’ush.
Even if it is questionable whether the owner was aware, you may not keep the item for yourself (Taz 262:3).
Therefore, a valuable or personal item you should continue to hold. A regular item Poskim allow you to use after sufficient time has passed so that the owner presumably had yei’ush. Record the item and the place where it was found, so that if the owner should come and prove that it was his – return it (Hashavas Aveidah k’Halachah 5:4).
Alternatively, when initially picking up the item, intend not to become a shomer or possess the item unless you find out whose it is or until the owner has yei’ush. Some Poskim then allow you can keep the item after sufficient time has passed (ibid.; Pis’chei Choshen, Aveidah 2:[23]).
