Q: When can I presume the owner’s yei’ush and take for myself an item that does not have identifying features?
A: Regarding an item that does not have identifying features – simanim -- or that was lost in a predominantly gentile area, we presume the owner’s yei’ush when he becomes aware of the loss, since he has no reasonable way of reclaiming the item (C.M. 262:3).
Therefore, if the item is large, heavy or valuable, so that the owner presumably became aware of the loss shortly afterwards – one who finds the item may keep it, since there already was yei’ush (Sma 262:8).
Otherwise, if the owner was not yet aware of the loss, so that he did not yet have yei’ush – even if he would have yei’ush had he been aware -- yei’ush shelo midaas – the person who found the item may not keep the item for himself, even after the owner subsequently becomes aware and has yei’ush (Sma 262:9; Taz 262:3).
Be”H, next week we will discuss what to do if it is questionable whether the owner was already aware.
