Money Matters
Yei’ush – Abandonment #16
Chatzer - Courtyard – Before Yei’ush
Q: Someone hurried through my property in the morning. In the evening, I found a packet of Chanukah wicks that apparently fell from him. Are they mine?
A: A chatzer can acquire for its owner, like his hand or agent. Therefore, if an item fell into your chatzer before the owner’s yei’ush, many Rishonim maintain that you become obligated in hashavas aveidah, so that the chatzer can no longer acquire the item even after the owner’s yei’ush, just like when an item came into your hand before yei’ush (Shach 262:1; 268:2).
Even so, some maintain that you can acquire the item with a different kinyan after yei’ush, because then you indicate that you didn’t want the chatzer to act on your behalf, so that you didn’t become obligated in hashavas aveidah, certainly if it is something not likely to be found (Nesivos 262:1; Machaneh Ephraim, Kinyan Chatzer #5).
However, some Rishonim maintain that because you didn’t know of the item before yei’ush, you did not become obligated in hashavas aveidah, even if it was in your chatzer, so that your chatzer can acquire after the owner’s yei’ush (Machaneh Ephraim, Hil. Gezeilah v’Aveidah 16:4).
