Yei’ush – Abandonment
#26
During the past six months, we addressed various aspects of yei’ush — abandonment, when the owner states or indicates that he abandons hope of reclaiming his items. This concept is most relevant in the realm of hilchos aveidah but also has other applications, e.g., in the laws of theft.
Several Acharonim distinguish between hefker, which immediately removes the item from the owner’s possession and yei’ush, which allows others to take it but does not revoke the ownership until possessed by others and is therefore retractable.
If a person finds an item before the owner has yei’ush, he is responsible to return it even if the owner later has yei’ush. The finder may keep the item only if he took it after yei’ush. Even so, it is proper lifnim mishuras hadin (beyond the letter of the law) to return the item to the owner when identified.
Certain cases of uncontrollable loss are considered automatic yei’ush or perhaps even hekfer, despite the owner’s futile statement that he hopes to recover the item.
When a person is willfully careless with his items (aveidah midaas), others are not required to toil to return them. The Rishonim dispute whether others may take these items for themselves. This depends mostly on whether the carelessness indicates the owner’s intent to allow the items to others.
Conclusion and Summary
